See  Note  to  Frontispiece,  page  185. 


Robbery  Under  Law 

OR 

The  Battle  of  the  Millionaires 

A    PLAY 

IN  THREE  ACTS  AND  THREE  SCENES 
TIME,  1887 

TREATING  OF  THE  ADVENTURES  OF 
THE  AUTHOR  OF 

"WHO'S  LOONBY  NOW?" 

BY 

JOHN  ARMSTRONG  CHALONER 

AUTHOR   OF 

SCORPIO 


SUNDAY'S  COMPLIMENTS  TO  SOCIETY  WOMEN. 
"We're  always  hearing  about  poor  girls  who  go  wrong,  and  sell  them 
selves  to  the  Devil,  and  tempt  men  into  sin.  If  you  believe  what  some  folks 
say,  you'd  think  it  was  only  the  six-dollar-a-week  factory  girl  that  filled 
the  joints,  and  wrecked  the  homes,  and  lured  away  mothers'  darlings.  As  a 
matter  of  fact,  some  of  the  most  dangerous  women,  some  of  the  most  un 
principled  sirens,  are  to  be  found  among  the  daughters  of  the  rich;  women 
who  will  lie  for  money,  steal  for  money,  wear  the  scarlet  letter  for  money — 
murder  for  money." — William  Sunday. 


SECOND  EDITION 


PALMETTO  PRESS 
Roanoke  Rapids,  North  Carolina 

NINETEEN  HUNDRED  AND  FIFTEEN. 
TWO   DOLLARS 


COPYRIGHT 

PALMETTO  PRESS 

1915. 


1315* 

PROLOOUE 


Since  finishing  the  play :  ''Robbery  Under  Law,"  last  Fall, 
the  undersigned  has  written  another  play  found  herewith, 
entitled:  "The  Hazard  Of  The  Die,"  a  three  act  play  in 
blank  verse  treating  of  the  conspiracy  of  Catiline  during  the 
last  days  of  the  Roman  Republic. 

A  word  of  explanation  is  germane  to  the  matter  in  hand. 
Upon  finishing  "Robbery  Under  Law,"  this  last  Fall,  the 
writer  sent  it  to  a  friend — a  lady — upon  a  large  New  York 
daily  paper.  She  in  turn  sent  it  to  another  lady — a  friend 
of  hers — with  the  request  that  she  bring  the  play  to  the  at 
tention  t)f  her  friend's — a  large  New  York  theatrical  man 
ager's — play-reader.  The  letter  below  is  an  exact  transcript  of 
the  letter  of  the  undersigned  to  lady  number  two. 

In  closing  this  introduction  to  an  introduction — so  to 
speak — it  might  be  observed  that  the  length  of  the  first  play — 
a  thing  which  can  be  remedied  by  a  blue  pencil  and  judicious 
and  experienced  cutting,  without  in  the  least  interfering  with 
the  action  of  the  drama — the  length  has  been  retained — even 
added  to — since  the  letter  below  was  written — in  order  to  serve 
as  a  sort  of  propaganda  towards  the  cause  of  Lunacy  Law  re 
form,  to  which  the  writer  has  sacrificed  the  past  eighteen 
years  of  his  life — come  March  13,  1915.  All  the  characters — 
with  the  exception  of  the  heroine's — which  is  entirely  an  im 
aginary  one — having  been  photographed  actually — so  to  speak 
— from  life;  and  all  the  actions  of  all  the  characters — bar  the 
heroine's — having  been  practically  copies  from  court  records 
as  is  indicated  in  the  subjoined  letter.  To  that  end  the  writer 
has  left  his  comments  unpruned,  upon  the  abominable  laws, 
and  the  even  more  abominable  administration  of  said  laws,  by 
the  New  York  Courts,  both  State  and  Federal,  set  forth  in 
"Robbery  Under  Law."f 


|The  object  being  to  put  before  the  papers  the  deadly  disease 
eating  the  fibre  of  our  body-politic  in  vicious  tLunacy  Legislation 
obtaining  in  40  per  cent,  of  the  States  of  the  United  States;  as 
"Damaged  Goods"  put  before  the  papers  and  public  the  deadly 
disease  eating  the  flesh  of  alas!  but  too  many  of  the  peoples  of 
the  earth. 


PROLOGUE 


Charles  Rcade's  brilliant  and  powerful  novel:  "Very 
Hard  Cash,"  of  some  fifty  or  more  years  ago,  revolutionized 
the  treatment  of  prisoners  behind  the  bars  of  English  Insane 
Asylums.  It  is  far  too  much  to  expect  the  same  result  from 
"Robbery  Under  Law,"  but — for  what  it  is  worth  as  a  photo 
graphic  exposition  of  cold,  hard,  every-day  facts,  in  our  al 
legedly  humane,  and  civilized,  and  upright  community  of 
the  United  States — it  is  hereby  launched  upon  the  perilous 
sea  of  literature. 

JOHN  ARMSTRONG  CHALONER, 
"The  Merry  Mills," 

Cobham, 

Albemarle  County, 
Virginia. 

December  21,  1914. 

Richmond,  Virginia, 
October  24,  1914. 

Miss , 

New  York,  N.  Y. 
My  dear  Miss 


My  letter  from  "The  Merry  Mills,"  Cobham.  Va.,  and 
yours  with  the  play — to  Miss  -  — ,  of  the  'New  York 

'  '(naming  that  lady's  newspaper),  which  she  for 
warded  with  the  play  to  Virginia,  crossed.  My  letter  in 
formed  you  that  I  had  decided  upon  publishing  the  play  in 
book  form,  before  producing  same.  Yours  informed  ">e — 
through  Miss  -  — ,  of  its  rejection  by  your  play-re\tder. 

"For  this  relief  much  thanks" — as  Hamlet  observes. 
Nothing  could  be  more  timely,  a  propos,  or  pleasant  to  me 
than  said  rejection.  The  reason  being,  that  the  reasons  for 
same  given  by  the  reader  are  so  amusing — when  viewed  in 
connection  with  the  stubborn  facts  in  the  premises — that  the 
rejection  becomes  a  literary  asset  of  the  first  water  to  me; 
and  shall  be  printed — sinking — of  course,  out  of  courtesy  to 
Miss  -  -  and  yourself — the  name  of  the  managers  in 

volved. 

You  see  it's  this  way.  Practically  all  the  characters,  and 
all  the  scenes,  in  the  play,  are  from  life. 


PROLOGUE  iii 


This  being  so,  the  words  of  your  reader:  "far-fetched 
and  sensational  in  plot"  become  highly  interesting.  The 
first  Act  is  taken  bodily — characters  and  action  from  life. 

This  is  the  Act  in  which  the  shooting  and  death  of  one 
of  the  characters  occurs. 

The  proof  of  my  statement  is  that  said  Act  is  merely  the 
gist  of  my  deposition  on  the  witness  stand  in  the  case  of 
Chaloner  against  the  New  York  '•'•Evening  Post"  for  $100,000 
damages  for  libel  in  printing  that  I  killed  John  Gillard,  the 
English  wife-beater — after  the  coroner's  jury  had  found  that 
he  met  his  death  by  a  pistol  in  the  hands  of  Gillard  and 
Chaloner,  while  Chaloner  was,  in  good  faith,  trying  to  pre 
vent  Gillard  from  shooting  his — Gillard's — wife. 

So  much  for  the  "far  fetched  and  sensational  plot"  of 
Act  I. 

Act  II  is  a  thinly  disguised  statement  of  cold,  hard 
facts — bar  only  the  love-motive,  which  is  entirely  imaginary. 
Scene  I,  of  Act  III,  is  almost  verbatim,  and  actually  from 
life!  Scene  II,  Act  III,  is  practically  so.  Scene  III,  Act 
III,  is  largely  so.  The  only  main  differences  being  that 
the  fight  with  the  "Bloomingdale"  keeper  took  place  in 
my  cell  at  "Bloomingdale,"  instead  of  in  the  wood  at 
"Bloomingdale":  and,  also,  that  I  escaped  from  "Blooming- 
dale"  by  flight  unaided  by  support  from  outside  that  insti 
tution — outside  the  Insane  Asylum — as  in  the  play. 

Lord  Byron  wrote:  "Truth  is  stranger  than  fiction." 

Messrs. 's  play-reader  surely  endorses  that  re- 
ma  of  his  experienced  and  brilliant  lordship. 

The  play-reader  continues:  "This  so-called  play  is 
lengthy  and  diffuse."  On  the  edge  of  the  manuscript  I 
was  at  pains  to  write  at  the  middle  of  Act  II:  "This  should 
be  cut  about  two-thirds  from  here  on."  And  in  the  same 
place  in  Act  III,  I  wrote:  "This  should  be  cut  about  three- 
quarters  from  here  on."  So  you  see  your  play-reader  and  I 
are  in  accord  about  it's  being  "diffuse  in  dialogue." 
I  did  not  cut  for  the  solitary  reason  that  I  am  not 
experienced  in  catering  to  public  taste — as  is  a  manager — and 
therefore  he  would  be  in  a  far  stronger  position  than  would 
I.  I  merely  exposed  my  Psychological  wares  for  him  to  se- 


i\r  PROLOGUE 


lect  from — the  public  at  last  beginning  to  take  a  keen  in 
terest  in  that  mysterious  department  of  science.  The  amounts 
I  named  could  have  been  cut  from  the  play  without  the  least 
injury  to  the  action,  though  not  to  the  Psychological  value  of 
it  as  a  study  in  the  very  latest  and  farthest  advanced  realms 
of  Mediumship.  Since  that  is  what  I  am — a  Medium — in  the 
language  of  the  late  Professor  William  James,  of  Harvard — 
of  whom  you  have  doubtless  heard. 

In  my  sensational  trial  at  Charlottesville,  Virginia,  No 
vember  6,  1901,  his  opinion  declaring  me  sane  and  also  a 
Medium,  largely  helped  to  win  me  the  recovery  of  my  good 
name  from  the  stigma  cast  upon  it  by  the  perjured  arrest 
and  incarceration  of  myself  in  "Bloomingdale"  as  a  maniac. 
by  my  avaricious  and  unnatural  brothers  and  sisters,  who 
lusted  after  my  million  and  a  half  of  real  estate  on  Manhat 
tan  Island — though  each  was  a  millionaire  in  his,  or  her.  own 
right.  Professor  James'  words  were:  "Mr.  Chaloner  is  of  a 
strongly  'mediumistic,'  or  'psychic'  temperament."  I  am  no 
spiritualist.  Far  from  it.  I  denounce  spiritualism  as  a  fake ;  and 
charge  all  my  interesting  Psychological  phenomena — such  as 
trances  and  trance-like  states — to  Psychology  and  nothing 
else.  Hence  the  "so-called  play"  deals  with  the  most  ad 
vanced  outposts  of  the  great  subject  of  Psychology. 

This  being  the  fact,  the  statement  of  your  reader :  "there 
is  nothing  in  the  story  that  is  worth  considering,"  becomes 
highly  interesting.  Which  interest  is  accentuated  by  the 
following  closing  and  crowning  climax  of  criticism  upon  the 
part  of  your  reader :  "the  behaviour  of  all  the  characters  being 
highly  unconvincing  under  all  cirmimxtances"  Might  I  be 
permitted  to  add — "in  particular  that  of  the  late  John  Gil- 
lard,  deceased." 

So  much  the  roof  and  crown  of  things  is  this  last  gem 
of  your  reader,  that  I  cannot  and  will  not  resist  the  temp 
tation  to  appropriate  this  "Rajah's  Ruby"  of  critical  insight, 
culture,  and  artistic  and  dramatic  penetration  and  experience, 
as  follows:  I  have — some  two  or  three  days  ago — completed  a 
very  brief  Prologue:  and  had  sent  it — with  the  duplicate 
manuscript  I  had  of  the  play — to  the  publishers  who  are 
bringing  out:  "Robbery  Under  Law"  in  book  form.  I  had 


PROLOGUE 


feared  that  the  Prologue  was  too  brief.  Therefore  it  is  with 
pleasure  that  I  add  to  it  the  admirably  succinct,  and  yet  com 
prehensive,  synopsis  of  "R.  TJ.  L.",  rendered  by  your  reader 
at  the  top  of  the  report  thereon,  together  with  his  verbatim 
entire  hostile  critique  thereof,  followed  by  my  reply  thereto, 
in  the  shape  of  this  letter  to  you,  with,  of  course,  your  name 
sunk;  by  way  of  comment  and  explanation  to  the  critics  who 
will  have  "Robbery  Under  Law"  before  them  in  book  form 
before  long.  In  this  ivay  I  shall  find  out  if  Truth  is  so  much 
stranger  than  Fiction  that  it  cannot  and  shall  not  compete 
with  Fiction  in  things  theatrical. 

Thanking  you  for  your  courtesy  in  the  premises,  believe 
me,  Very  sincerely  yours, 

JOHN  ARMSTRONG  CHALONER. 

P.  S. — You  will  pardon  the  length  of  this  letter  when 
you  consider  that  it  is  my  new  Prologue — and  unless  I  write 
it  to  you  I  can't  truthfully  say  that  I  did — as  I  shall — in  the 
Prologue. 

J.  A.  C. 

Author's  address  

Read    September   30th,    1914.     (C.   E.   W.) 
"Robbery  Under  Law"; 

or  "The  Battle  of  The  Millionaires." 

Play   in  Three   Acts. 
By 

This  requires  three  scenes  and  sixteen  characters. 

Hugh  Stutfield,  of  Virginia  and  New  York,  a  millionaire  Art 
Patron  and  Writer  on  Law,  has  an  enemy  in  James  Lawless,  also  a 
millionaire,  who  conspires  with  his  relatives  to  get  him  out  of  the 
way. 

Hugh  and  Lawless  are  rivals  for  the  hand  of  Viola  Cariston,  and 
fearing  that  he  has  little  chance  of  winning  her  from  the  Virginian, 
Lawless  determines  to  resort  to  any  means  rather  than  lose  her. 

Constantia  and  Winston  Blettermole,  cousins  of  Hugh's,  are  bit 
terly*  jealous  of  him,  and  as  they  are  the  next  heirs  to  his  millions 
if  he  does  not  marry,  they  listen  readily  to  the  criminal  suggestions 
of  Lawless  and  his  lawyer,  Spink.  Although  Hugh  has  a  certain  clair 
voyant  sense  which  warns  him  of  trouble,  they  manage  to  have  him 
shut  up  in  an  Asylum  as  a  dangerous  lunatic.  From  this  place  he 
eventally  makes  his  escape  and  by  wit  and  courage  gets  the  better  of 
his  persecutors. 

This  so-called  play  is  a  lengthy  and  far-fetched  narrative,  very 
sensational  in  plot  and  diffuse  in  dialogue. 

The  speeches  are  almost  all  pages  in  length  and  the  authors  are 
apparently  quite  ignorant  of  the  form  in  which  plays  are  written. 

There  is  nothing  in  the  story  which  is  worth  considering — the 
behavior  of  all  the  characters  being  highly  unconvincing  under  all 
circumstances. 


PROLOGUE 


It  is  but  fair  to  state  that  lady  number  two's  play-reader 
had  not  the  remotest  idea  as  to  the  identity  of  the  author  of 
'•Robbery  Under  Law."  For  he  says  in  his  critique.  ;'the 
authors  are." 

Finally  he  is  presumably  unfamiliar  with  the  stirring 
cycle  of  events  which — for  the  past  eighteen  years — has 
been  whirling  around  the  head  of  "Who's  Looney  Now?" 


INSET 

To 

"ROBBERY  UNDER  LAW" 
JM  :  \m  LI  :ss  ROMANCE. 
Chorus  loquitwr. 

In  Memoriam  "THE  WIZARD  OF  THE  NORTH." 

Thou  think'st  perchance  Romance  is  dead  and  gone 

That  Science  cold  hath  laid  her  fiery  ghost 

But  glance  within  and  thou'lt  be  told  not  one 

But  deeds  of  derring-do  a  serried  host. 

The  Poetry  of  Business  herein  gleams — 

The  sparkling  projects  of  her  darkling  womb — 

And  Death  doth  shed  her  shimmering  moonbeam  gleams 

Athwart  the  ghostly  portal  of  the  Tomb. 

Love  lifts  her  radiant  head  and  waves  her  hand ; 

Whereat  fell  Rivalry  doth  draw  his  knife — 

Psychology  then  in  the  game  takes  hand, 

And  saves  the  hero  in  his  howr  of  strife! 

In  short  we  show  that  Mystery  to-day 

Is  as  mysterious  as  she's  been  for  aye. 


ROBBERY  UNDER  LAW 

OR 

The  Battle  of  the  Millionaires 


A  Play  in  Three  Acts  and  Three  Scenes. 


Dramatis  Personae. 

HUGH  STUTFIELD  of  "Rokeby,"  Albemarle  County,  Virginia, 
and  New  York.  Millionaire  Art  Patron  and  Law 
Writer.  30  years  old.  In  love  with  Viola. 

JAMES  LAWLESS,  of  New  York.  Millionaire  man-about-town. 
30  years  old.  Rival  of  Stutfield,  and  his  enemy. 
Rejected  suitor  of  Viola. 

WINSTON  BLETTERMOLE,  of  New  York,  millionaire.  Cousin 
and  heir-at-law  of  Stutfield,  and  his  bitter  enemy. 
30  years  old. 

BELISARIUS  P.  SPINK,  of  the  New  York  County  Bar.  Family 
lawyer  of  both  Lawless  and  Blettermole.  Learned 
but  unscrupulous  practitioner.  Hatches  the  plot  to 
have  Stutfield  basely  declared  insane  to  rid  Lawless 
of  a  rival  in  love,  and  enable  Blettermole  to  obtain 
control  of  his  five  million  dollar  estate.  Known  to 
his  intimates  as  "B.  P.,"  since  he  frowns  upon  the 
juxtaposition  of  such  names  as  "Belisarius"  and 
"Spink."  50  years  old,  but  wonderfully  preserved. 

CAPTAIN  CARISTON,  "F.  F.  V."  and  ex- Confederate  Cavalry 
Officer  under  Stuart  in  the  army  of  Northern  Vir 
ginia.  Since  the  war  exiled  himself  to  the  coal  fields 


ROBBERY     UNDER     LAW 


of  West  Virginia  for  twenty  years,  and  as  a  result  is 
now  worth  half  a  million.  Father  of  Viola,  his  only 
child.  About  50  years  old. 

AJLBERT  WEDGE.  Inventor.  In  employ  of  Stutfield,  about  30 
years  old. 

JOHN  BULLARD.     English  machinist,  32  years  old. 

New    York    alienists.     Employed    by    Lawless 
^     T.  and  Blettermole  to  visit  Stutfield  in  New  York 

-T)  ™  i  under  false  pretenses,  garble  his  statements 
and  falsely  testify  as  to  his  insanity.  Fifty- 
five  and  fifty-eight,  respectively. 

"Bosco."    Stutfield's  negro  body-servant. 

"WASH."  Negro  butler  at  "Elsinore,"  the  three  thousand 
acre  plantation  of  Captain  Cariston  in  Albemarle 
County. 

PAT  SLJGO.  Keeper  at  "Fairdale"  Insane  Asylum.  In 
charge  of  Stutfield.  25  years  old. 

VIOLA  CARISTON.  Daughter  of  Captain  Cariston.  of  "Elsi 
nore."  In  love  with  Stutfield.  25  years  old. 

CONSTANTIA  BLETTERMOLE.  Wife  of  Winston  Blettermole. 
Viola's  best  friend.  28  years  old. 

MRS.  BULLARD.    Wife  of  John  Bullard.    30  years  old. 
MONA  BULLARD.     Eight  year  old  daughter  of  Mrs.  Bullard 


TIME,  1887. 
PLACE,  VIRGINIA  AND  NEW  YORK. 


tAllas    Rumdumbagore,    a   falsely   alleged    Parsee    fire-worshipper 
from  Bombay. 


ROBBERY     UNDER     LAW 


ACT  I. 

THE  HAND  or  DESTINY. 

The  Dining  Room  at  "Eokeby,"  Albemarle  County,  Vir 
ginia,  Stutfield's  400  acre  estate.     Three  P.  M.,  March  15th. 

1887. 


ACT  II. 

WEAVING  THE  PLOT. 

The  Drawing  Room  at  "Elsinore,"  Captain  Cariston's 
3,000  acre  plantation.  Five  miles  from  "Rokeby."  Four 
P.  M.,  March  18th,  1887. 


ACT  III. 

COUNTERPLOT. 

SCENE  I. 
IN  THE  SHADOW  OF  THE  LABYRINTH. 

Stutfield's  bedroom  in  his  suite  at  the  Hotel  Kensington, 
15th  Street  and  5th  Avenue.     Six-thirty  P.  M.,  April  12th. 

1887. 

SCENE  II. 

THE   LABYRINTH. 

Stutfield's    cell    in    "Fairdale"    Insane    Asylum.      Time: 
Afternoon,  three  months  later. 


The  wood  at  "Fairdale"  Insane.  Asylum.    Time:  After 
noon.    Three  weeks  later. 


ROBBERY     UNDER     LAW 


THE  HAND  OF  DESTINY. 

ACT  I.  Dining  Room  at  "Rokeby,"  Albemarle  County,  Vir 
ginia. 

(Stutfield,  alone,  dressed  in  riding  costume — cut-away- 
coat,  breeches  and  gaiters — sitting  at  table  in  centre  of  stage. 
Stutfield  is  a  man  five  feet  ten  and  three-quarter  inches  high,  of 
athletic  build  and  weighs  a  hundred  and  fifty-four.  His  fea 
tures  are  strong  and  regular.  Eyes  dark  grey,  hair  thick  and 
curly  and  such  dark  brown  as  to  appear  black.  He  is  clean 
shaved.  He  smiles  as  readily  as  he  frowns.  Luncheon  over, 
except  fruit.  "Bosco,"  a  powerful  negro  servant,  enters  and 
hands  Stutfield  a  letter,  on  a  silver  salver). 

"Bosco":  "From  Miss  Cariston.  Sir.  The  groom  brought 
it  and  left." 

(Servant  retires.     Stutfield  opens  letter,  and  reads.) 

Stutfield.     (Reading) 

"Elsinore," 

March  thirteenth,  1887. 
"Dearest  Hugh: 

This  is  the  twelfth  letter  I  have  ever,  ever  written  you. 
my  dear,  and  yet  I  am  in  the  same  state  of  uncertainty  as  re 
gards  accepting  you  as  I  was  when  I  sat  down  to  write  the 
first.  Why  is  this?  Why  can't  I  make  up  my  mind?  You 
satisfy  my  mental  concept  of  a  man,  you  satisfy  my  moral 
concept,  and  my  physical.  You  are  blue-blooded.  You  are 
rich.  You  are  in  the  prime  of  life.  You  are  a  cosmopoli 
tan — a  Londoner,  a  Parisian,  and  a  New  Yorker,  as  much  as 
you  are  a  Virginian  born,  if  not  raised  in  the  dear  old  State. 
Why  cannot  I  say,  'Come  to  me,  and  take  me.'  You  who  are 
a  metaphysician  and  a  philosopher  will  probably  say  because 
I  do  not  know  my  own  mind.  But  my  dear,  dear  friend,  the 
tabulating  of — I  shan't  say  all  and  sundry,  but  certainly — 
several  of  your  attractive  qualities  in  this  letter,  gainsays 
that  hypothesis,  does  it  not,  Hugh?  I  do  wish  I  could  screw 
myself  up  to  the  stickinsr-place  and  say,  'Come.'  But  I  can 
not.  I  feel,  Hugh,  darling,  that  I  am  doing  you  a  great 
wrong  in  keeping  you  hanging  in  the  offing  like  this — that  I 


ROBBERY     UNDER     LAW  6 

am  keeping  some  nobler  woman  than  myself  away  from  you. 
away  from  your  charm,  away  from  your  manliness,  away 
from  your  high  ideality  and  true  Christian  manhood.  You 
see,  dear,  I  do  know  you  pretty  well  for  having  known  you 
for  so  short  a  while — barely  three  months — after  all,  do  I 
not,  darling?  But  try  as  I  may,  I  simply  cannot  bring  my 
self  to  say  'Yes.'  When  I  first  saw  you  at  that  ball  in  New 
York  last  January — the  'Patriarchs' — I  had  a  feeling  that 
you  were  my  mate.  That  may  sound  strangely  but  you  know 
I  am  a  strange  creature.  That  may  sound  unmaidenly — but, 
my  darling,  you  know,  at  all  events,  I  am  not  that.  Yes, 
Hugh,  I  felt  that  you  were  my  mate,  my  man,  my  defender, 
and  champion  against  'the  thorns  and  crosses  of  the  world' 
as  our  Shakspeare  says.  You  don't  know  how  my  heart  went 
out  to  you — how  it  beat  under  my  corsage — you  see,  dear,  I 
am  frank — I  do  not  conceal  your  attraction  for  me — and  yet — 
and  yet — .  But  there — I  know  my  vacillation  irritates  you, 
dear,  so  I  shall  stop,  with  a  prayer  for  guidance  to  that  God 
Whom  we  both  so  firmly  believe  in,  and  trust. 

Your  friend, 

VIOLA  CARISTON." 

(Upon  reading  letter  Stutfield  says:)  "What  wouldn't  I 
give  to  be  able  to  win  that  girl!" 

(Leans  head  on  hand,  elbow  on  table  and  gazes  into  fire 
at  right.  After  a  moment)  : 

"I'd  give  anything — anything — anything  an  honorable 
man  could — to  win  her."  (Pause)  "A  girl  like  that  needs 
the  imagination  touched — needs  something  that  appeals  to 
the  imagination — to  turn  the  trick.  And  what  in  G — d's 
name  can  appeal  to  a  young  girl's  imagination  in  these  drab- 
colored,  hum-drum  piping  days  of  peace!  Nothing !"  (A 
pause.  Sighs.)  "Well,  there's  nothing  to  do  for  it  but  wait — 
waiting  in  a  case  like  the  present  doesn't  spoil  anything, 
doesn't  endanger  anything — 'Patience  and  shuffle  the  cards — 
patience  and  shuffle  the  cards' — (The  negro,  Bosco,  enters 
and  says:) 

"Miss  Cariston,  Sir,  and  a  strange  lady  is  outside — in 
Miss  Cariston's  runabout — and  Miss  Cariston  want  to  know 
if  yo'  can  see  her  and  the  lady  for  a  few  minutes." 


ROBBERY     UNDER     LAW 


Stutfield:     "Miss  Cariston  !" 

Bosco:    "Yes,  Suh." 

Stutfield:     "Certainly,  I'll  go  out  at  once." 

(Enter  Viola  and  Mrs.  Bullard,  and  an  eight-year-old 
daughter.  Viola  Cariston  is  five  feet  eight  inches  in  height, 
of  full  but  graceful  figure.  Has  dazzling  white  skin  with 
two  patches  of  colour  in  her  cheeks.  Her  eyes  are  a  red- 
brown,  so  dark  as  to  appear  almost  black.  Her  hair  which  is 
very  abundant  and  naturally  wavy  is  a  dark  copper  colour — 
almost  black.  She  has  a  face  of  wining  sweetness,  shadowed 
by  a  seriousness — a  gravity — which  makes  her  smile  a  rare 
one. 

Mrs.  Bullard  is  an  attractive,  well  mannered,  lower-mid 
dle  class  woman,  modestly,  but  tastefully  dressed. 

Mona  is  a  child  of  unusual  attractiveness  and  refinement : 
dressed  with  extreme  care  by  her  mother.) 

Viola :  "I  came  in  uninvited,  Hugh — as  you  see — but  the 
matter  is  marked  'Urgent'  and  ceremony  must  go  to  the  wall. 
Permit  me  to  make  you  known  to  Mrs.  John  Bullard,  late 
of  England.  I  come  in  the  role  of  a  damsel-errant,  succour 
ing  distressed  womanhood — nothing  else,  you  may  well  im 
agine,  could  have  induced  me  to  invade  the  bachelor  quarters 
of  Mr.  Hugh  Stutfield,  of  'Rokeby'  and  New  York." 

(Stutfield,  who  has  risen  and  crossed  the  stage  to  door 
at  left  by  which  they  entered — only  door  in  the  room — bows 
politely  but  coldly  to  Mrs.  Bullard,  who  returns  the  salute 
quietly). 

Stutfield:  "One  moment,  Miss  Cariston — permit  me. 
Bosco,  clear  the  table.  Then  tell  Miss  Cariston's  groom  to 
take  the  horse  to  the  stable — but  not  unharness — on  account 
of  the  cold."  (Bosco  bows,  and  with  great  alacrity,  skill  and 
noiselessness  places  the  plate  and  fruit-dish  upon  a  tray — no 
cloth  on  the  table,  which  is  mahogany — with  fruit  knife  and 
glass,  and  the  table  is  cleared.  He  then  disappears). 

Stutfield:  "Won't  you  ladies  and  the  little  girl  please 
seat  yourselves  before  the  fire  and  warm?"  (Bringing  up 
two  chairs.  The  little  girl  on  the  way  to  mount  her  mother's 
lap  spys  an  old  Nile  green  velvet,  Rugby  School,  England, 
football  cap  of  Stutfield's,  on  the  table,  and  exclaims)  : 

Mona :    "My,  what  a  pretty  cap !" 


ROBBERY     UNDER     ],AW 


Stutfield:  "Yes,  young  lady,  rather  Oriental,  is  it  not? 
That  (holding  it  up)  Miss  Cariston,  is  a  souvenir  of  my  hard- 
fought  battles  on  the  football  field  at  Rugby — Tom  Brown's 
Rugy — where  I  was  full-back  for  my  team.  I  wear  it  only 
about  the  house  and  only  in  winter — and  only  in  going 
through  the  halls — because  as  you  may  have  noticed — 
though  hot  water  is  laid  on  here  I  never  use  anything  but  the 
open  wood  fires,  and  therefore  the  hall-ways  are  cold.  (Leav 
ing  the  cap  in  the  child's  hands) . 

Viola:  "Mr.  Stutfield,  this  lady  met  me  as  I  was  driv 
ing  home  from  a  Ladies'  Auxiliary  meeting  at  Grace  church. 
She  was  on  foot,  accompanied  by  her  little  girl.  She  stopped 
me  and  asked  if  I  knew  the  way  to  Mr.  Hugh  Stutfield's.  I 
replied  that  I  did.  She  then  asked  me  if  I  would  mind  driv 
ing  her  there,  as  she  had  business  of  importance  which  would 
not  brook  delay.  I  willingly  consented.  As  soon  as  she  was 
seated  she  said  that  she  would  like  to  speak  to  me  privately. 
I  thereupon  told  Griffith — the  boy — to  get  down  and  walk 
ahead  of  the  horse — " 

Stutfield:  "Pardon  my  interruption,  but  I  shall  give 
myself  the  pleasure  of  saying  a  general  ever!  You  made 
Master  Griffith  walk  ahead  of  the  horse.  There's  where  your 
generalship  which  you  will  bear  me  out  I've  always  insisted 
on,  you  inherited  from  your  warlike  sire — there's  where  your 
generalship  came  in,  and  made  its  rare  presence  felt — ninety 
women  out  of  a  hundred — and  ninety  men  even — would  have 
allowed  Master  Griffith  to  walk  behind  and  overhear  you,  or 
anywhere  he  pleased,  so  long  as  he  did  walk." 

Viola :  "Merci.  But  no  more  interruptions,  if  you 
please — particularly  upon  such  exceedingly  trifling  provoca 
tion — the  matter  in  hand,  Mr.  Stutfield,  is  of  the  very  gravest 
possible  importance/" 

(Stutfield,  who  has  at  first  smiled  and  bowed,  now  looks 
grave  and  says)  : 

Stutfield:  "A  thousand  pardons — I  shall  not  offend 
again." 

Viola:  "Mrs.  Bullard  then  told  me  one  of  the  most 
heart-rending  stories  I  have  ever  heard,  of  marital  unhappi- 
ness.  I  should  preface  my  remarks  by  saying  that  I  have 
known  of  her  and  her  husband  and  little  girl  ever  since  they 


ROBBERY     UNDER     LAW 


arrived  here  some  weeks  ago — Mrs.  Bullard,  you  will  pardon 
my  speaking  frankly  but  the  situation  demands  speed — 

Mrs.  Bullard:  "Certainly,  Miss,  pray  suit  yourself.  I 
only  hope  and  pray  you  get  it  all  explained  to  the  gentle 
man  before  my  husband  finds  I've  left  home  and  follows  me 
here — he  is  a  wonderfully  strong  man  and  fast  walker — 
thinks  nothing  of  walking  twenty  miles  in  a  day  in  his  busi 
ness  of  repairing  clocks  and  sewing-machines  in  the  country — 
and  when  he  comes  I  don't  like  to  think  what  may  happen — 

Stutfield:  "Pray  don't  be  alarmed,  Mrs.  Bullard— Oh ! 
I'm  offending  again — I'm  interrupting — but  with  your  per 
mission,  Miss  Cariston,  I'll  interrupt  just  long  enough  and  for 
the  specific  purpose  of  quieting  the  lady's  fears." 

Viola:  "You  have  my  full  permission  (with  a  smile) 
to  interrupt  as  often  as  you  wish  for  so  praiseworthy  and 
humanitarian  a  cause." 

Stutfield:  (Bowing  and  smiling)  "I  was  about  to  ob 
serve  to  this  lady  that  she  need  not  be  concerned  about  what 
will  happen,  so  far,  at  least,  as  she  is  concerned,  as  I  trust 
I  am  capable  of  protecting  women  who  have  been  driven  by 
stress  of  weather  to  'Rokeby' — 'any  port  in  a  storm,'  you 
know,  Miss  Cariston." 

Viola :  "  'Any  port  in  a  storm,'  Mr.  Stutfield,  and  now 
please  be  quiet  and  permit  me  to  finish  my  preface  to  Mrs. 
Bullard 's  most  terrible  and  dramatic  story."  (Stutfield 
smiles  and  bows.  He  is  sitting  at  the  head  of  the  table). 
"Mrs.  Bullard  is  known  as  a  quiet,  respectable,  God-fearing 
woman.  Her  husband  is  regarded  as  a  dangerous  character. 
He  threatened  to  brain  his  first  employer  here  with  an  axe — 
whereupon  he  was,  very  naturally,  discharged.  The  dispute 
was  a  trivial  one  about  just  where  Mrs.  Bullard's  hens  were 
to  be  allowed  to  roam  in  search  of  food.  Thereupon,  they 
left,  and  hired  their  present  little  house  about  two  miles  from 
here,  and  he  endeavored  to  support  himself  by  mending  ma 
chinery  of  a  light  nature,  such  as  Mrs.  Bullard  has  just  de 
scribed.  He  is  said  to  be  a  wonderful  hand  at  that  sort  of 
thing  and  has  been  able  to  get  all  the  work  there  is  to  get  of 
that  sort  in  this  farming  community,  which,  however,  is  far 
from  much,  and  scarcely  sufficient  to  meet  their  daily  ex 
penses.  Mrs.  Bullard  says  her  husband  is  a  perfectly  sober 


ROBBERY     UNDER     LAW 


man — and  he  is  known  to  be  very  industrious.  At  this  point, 
Mrs.  Bullard  can  best  take  up  the  tale." 

Mrs.  Bullard:  "Well,  sir,  my  husband  is  a  wife-beater 
of  the  very  worst  description.  Last  night  he  beat  me  over 
the  shoulders  and  back  with  a  poker — gave  me  about  a  dozen 
very  severe  blows  with  a  small  iron  poker — he  generally  uses  a 
poker  because  anything  less  strong  than  iron  would  break 
under  the  force  of  his  blows.  He  is  always  very  careful  not 
to  strike  me  about  the  head  or  face,  where  the  marks  could  be 
seen.  He  always  hits  me  where  the  marks  will  not  be  seen. 
He  has  been  beating  me  off  and  on  now  for  a  year  or  more. 
I  have  left  him  twice  and  gone  to  my  relatives  who  are  well 
to  do.  Each  time  I  forgave  him  and  returned.  I  shall  do  so 
no  more.  He  will  kill  me  one  of  these  days  if  I  don't  leave 
him.  Last  night  he  beat  me  dreadfully,  and  for  no  cause. 
It  isn't  as  though  I  didn't  make  him  a  good  and  faithful 
wife,  or  didn't  make  him  comfortable  at  home — didn't  cook 
his  meals  properly,  and  have  everything  neat  and  tidy  about 
the  home.  For  I  do  all  these  things — 

Viola:  "Excuse  me,  Mrs.  Bullard,  but  why  on  earth 
does  he  beat  you  ?" 

Mrs.  Bullard :  "To  vent  his  spite,  Miss — to  ease  his  feel 
ings.  He  has  awful  ugly  moods  sometimes  when  he's  sullen 
and  won't  speak  a  word.  He's  not  a  great  talker  anyway, 
but  when  he  gets  into  one  of  those  moods,  he  won't  say  a 
word — it's  just  a  look  and  a  blow — just  a  look  and  a  blow — 
and  once  he's  begun  he  seems  to  get  more  and  more  fond  of  it, 
and  so  gives  me  a  dozen  or  more  blows.  It's  the  same  with 
little  Mona  here."  (Pointing  to  the  child  on  her  lap).  "He'll 
strike  her  as  quick  as  me  in  one  of  those  moods — but  he  never 
takes  anything  to  her  as  he  does  to  me — never  uses  a  poker  or 
a  pair  of  tongs  as  he  does  with  me — he  seems  to  realize  that 
it  might  kill  her.  He  never  drinks  nor  has  anything  to  do 
with  other  women — or  other  men,  for  that  matter.  He's 
hard  working  but  he  doesn't  care  the  snap  of  his  finger  for 
me,  nor  for  Mona  here.  He's  never  kissed  the  child  since  she 
was  born.  He's  a  cruel  man — cruel  to  animals.  He  beat  our 
cow  so  with  a  poker  one  day  that  one  of  the  neighbors  said 
she'd  have  him  arrested  if  he  did  that  again.  I  don't  want 
you  to  think,  Miss,  that  I'm  running  him  down — for  he  has 


10  ROBBERY     UNDER     LAW 

some  good  points.  He's  a  good  husband  except  in  two 
points — he  doesn't  love  me,  and  he  likes  to  beat  me — saving 
those  two  things  he's  as  correct  and  proper  a  man  as  one 
could  find — hard  working  and  honest." 

Stutfield:    "Is  he  perfectly  right  in  his  mind?'' 

Mrs.  Bullard:  "Perfectly,  sir, — no  man  with  a  harder 
head  on  his  shoulders,  or  a  harder  heart  below  his  shoulders, 
was  ever  born  in  England.  We  lived  in  Liverpool.  He  is  a 
railway  engineer,  and  .good  at  any  skilled  work,  most.  We 
came  to  this  country  a  few  months  ago  to  better  ourselves — 
he's  not  saving.  I  don't  know  what  he  does  with  the  money, 
he  never  smokes,  drinks,  nor  gambles,  but  he  never  has  any 
laid  aside.  He  first  went  to  work  in  the  Locomotive  Works 
in  Richmond,  and  gave  first-rate  satisfaction — but  they  laid 
off  about  fifty  or  a  hundred  hands  a  few  weeks  ago  and  he 
was  among  them.  Miss  Cariston  has  told  you  the  rest.  Now, 
what  I  want,  sir,  is  this.  I'm  told  you  are  a  lawyer  and  a 
very  kind-hearted  gentleman — the  friend  of  the  poor  and  af 
flicted.  Now,  I  came  over  here  for  protection  from  my  hus 
band,  and  to  find  out  from  you  if  I  can  get  a  divorce  from 
him  in  this  country  for  wife-beating.  I'm  perfectly  willing 
to  stay,  with  my  little  girl,  at  one  of  your  married  white 
farmer's,  and  do  anything  in  the  way  of  sewing — I  used  to 
support  myself  with  my  needle  in  the  old  country  before  I 
was  married — " 

Stutfield :  "Pardon  me,  how  long  have  you  been  mar 
ried?" 

Mrs.  Bullard :  "Ten  years.  Mona  is  eight  years  old.  I 
am  willing  to  do  anything  in  the  way  of  sewing  you  may 
wish,  by  way  of  return  for  my  board  and  lodging.  Of  course, 
if  you  get  a  divorce  for  me  I  cannot  repay  you — for  I  haven't 
a  dollar  on  earth.  I  had  a  little  property  when  he  married 
me — one  thousand  pounds — five  thousand  dollars  of  your 
money — that's  why  he  married  me — but  he  squandered  it  all- 
made  me — compelled  me — to  turn  it  over  to  him  and  then 
squandered  it — 

Stutfield :  "You  are  completely  under  his  thumb — par 
don  my  bluntness.  Mrs.  Bullard — you  are  dominated  and  over 
mastered  by  your  husband,  are  you  not?  Besides  being  physi- 
rallv  afraid  of  him — franklv  in  terror  of  vour  life." 


ROBBERY     UNDER     LAW  11 


Mrs.  Bullard:     "Yes,  sir." 

Stutfield:  "You  are  of  a  somewhat  weak  and  yielding 
disposition,  are  you  not,  Madam?  Somewhat  'peace  at  any 
price, — even  at  that  of  a  beating — are  you  not?  Pardon  my 
professional  frankness,  but  if  I  am  to  have  anything  to  do 
with  your  case  there  must  be  no  mincing  of  words  between 
us." 

Mrs.  Billiard:  "Yes,  sir.  I  suppose  I  am.  I  dislike  a 
row  worse  than  anything  in  the  world." 

Stutfield:     "Even  worse  than  a  beating?" 
Mrs.  Bullard:     "I  used  to,  but  I  do  so  no  longer.    Last 
night's  beating  finished  it  for  me.     I'd  rather  risk  death — 
rather  risk  death  itself  than  see  him  come  at  me  with  iron 
in  his  hands  again — " 

Mona :  "O !  sir,  father  beat  mother  dreadful  last  night. 
It  was  as  she  was  undressing  and  her  back  was  all  black  and 
blue  and  bloody  after  it." 

Viola :  "You  poor  child !  I  declare,  it's  an  outrageous 
shame !  What  a  monster  that  man  must  be.  Mr.  Stutfield, 
I  do  hope  you  can  protect  this  poor  woman  and  free  her 
from  her  awful  bonds — it  would  be  a  really  charitable,  Chris 
tian  act,  of  the  first  magnitude." 

Stutfield:  "I  promise  you  to  do  both,  provided  the  Vir 
ginia  law  gives  cruelty  as  a  ground  for  divorce.  If  you  will 
permit  me,  I'll  go  into  the  library  and  consult  my  authori 
ties.  I  shall  not  be  gone  long,  and  shall  always  be  within 
call.  You  know  I  am  not  a  member  of  the  Virginia  bar,  but 
of  the  bar  of  New  York,  and  am  therefore  not  familiar  with 
the  law  here. 

Viola :     "You  are  excused,  Mr.  Stutfield." 
Mona:     "Oh!  What  a  nice,  kind  gentleman." 
Mrs.  Bullard :     "Hush,  my  child,  he  may  hear  you." 
Mona:     "Suppose  he  does,  Mother,  what  's  the  harm?" 
Mrs.   Bullard:     "He  would  think  you,   perhaps,  a   pert 
little  girl." 

Mona:  "I  don't  think  he  would  Mother — he  don't  look 
that  way." 

Viola :  "You  are  right,  my  child,  he  wouldn't  misunder 
stand — but  I  don't  want  you  to  think  that  I  am  finding  fault 
with  your  mamma." 


12  ROBBERY     UNDER     LAW 

Mona:  "Oh!  No,  Miss,  I  couldn't  think  that,  for  my 
Mamma  is  a  lovely  Mamma — so  kind  and  sweet  to  me — I  only 
wish  my  Papa  was — I  hate  Papa"  (stamping  her  foot — she 
had  meantime  got  down  from  her  mother's  lap  and  was  stand 
ing  between  the  two  women). 

Mrs.  Bullard :    "Sh !  Sh !  Mona,  you  must  not  use  such 
language  about  your  Father.     I  had  to  tell  the  gentleman  all 
about  it,  or  he  wouldn't  know  what  to  do,  but  that's  no  ex 
cuse  for  you  to  act  like  a  badly  brought  up  little  girl— 
(Enter  Stutfield) 

Stutfield:  "It's  all  right,  I'm  glad  to  say — Virginia's 
all  right.  Cruelty  is  ground  for  divorce — in  this  grand  old 
State." 

Viola:     "Oh!  I'm  so  relieved." 
Mrs.  Bullard:    "Thank  God!n 

Stutfield:  "Now,  Mrs.  Bullard,  this  is  what  I  am  pre 
pared  to  do.  I'll  put  you  up  free  of  charge  with  my  head 
farmer,  who  has  a  wife  and  a  little  girl  just  jrour  age,  young 
lady,"  (turning  and  smiling  and  waving  his  hand  to  Mona). 
"It  will  put  some  roses  in  your  pretty  cheeks  to  get  some  of 
the  eggs  and  buttermilk  off  of  this  four  hundred  acre  dairy 
farm—" 

Mona:     "I  love  buttermilk." 

Stutfield:  "You  shall  have  enough  of  it  to  swim  in  if 
you  like,  my  child.  To  resume.  Mrs.  Bullard,  I'll  turn  your 
case  over  to  be  charged  to  my  account,  to  my  own  lawyer  in 
Charlottesville — fourteen  miles  from  here — the  county  seat — 
the  home  of  Jefferson.  Fancy  wife-beating  taking  place 
within  a  few  miles  of  Monticello,  Miss  Cariston!" 
Viola:  "It's  infamous!" 

Stutfield:  "I'll  of  course,  charge  you  nothing  for  it. 
Furthermore,  this  is  confidential,  ladies — as  I  do  not — I  am  a 
member  of  the  New  York  bar — though  of  Virginia  origin — 
carry  my  heart  on  my  sleeve,  hence  my  caution.  I  put  in 
practice  my  religion.  'Bear  ye  one  another's  burdens.'  hence 
my  proposition  to  act  as  if  it  were  /  who  wanted  the  divorce — 
Miss  Cariston — as  though  it  were  /  that  wanted  the  divorce — 
Miss  Cariston — 

Viola:  "I  heard  you  quite  distinctly  the  first  time  you 
made  the  observation,  Mr.  Stutfield." 


ROBBERY     UNDER     LAW  13 

Stutfield:  "Thank  you,  Miss  Cariston.  To  resume,  I 
shall,  furthermore,  Mrs.  Bullard,  pay  your  return  passage  to 
Liverpool,  first  class,  on  a  safe  and  comfortable  line,  running 
every  two  weeks  from  Norfolk,  and  give  you  enough  money 
besides  to  make  you  comfortable  from  now  until  you  land  in 
Liverpool,  and  leave  you  some  over." 

Mrs.  Bullard :  "I  am  sure  the  Lord  will  bless  you  for 
all  your  goodness  to  a  helpless  woman  and  her  little  girl  in 
a  strange  land — " 

Stutfield:  "I  devoutly  hope  He  will.  And  now,  ladies, 
please  make  yourselves  at  home  while  I  give  a  few  orders." 
(Exit.  Picking  up  the  cap  and  holding  it  in  his  hand  as  he 
exits). 

Mrs.  Bullard :  "I  am  sure,  Miss,  I  cannot  ever  thank  you 
sufficiently  for  bringing  me  to  this  kind  gentleman.  The  Lord 
surely  has  raised  up  a  helper  for  us  in  the  hour  of  need." 

Viola:  "He  surely  has,  Mrs.  Bullard;  and  Mr.  Stut 
field  will  carry  out  to  the  precise  letter  everything  he  has 
promised." 

(At  this  moment  the  door  opens  softly  and  John  Bullard 
glides  into  the  room.  There  is  a  seven-foot  Japanese  screen 
ten  feet  long,  running  alongside  the  whole  length  of  the  table, 
completely  shutting  off  the  door,  and  several  feet  of  the  room 
on  either  side.  The  door  is  in  the  middle  of  the  room.  Bul 
lard  is  a  powerfully  built  man,  of  medium  height,  with  sandy 
hair,  a  sweeping  military  moustache  of  the  same  color  and 
light  blue  eyes,  dressed  plainly,  but  neatly,  in  blue  serge 
clothes — a  sack  suit — with  heavy  brogans,  such  as  working- 
men  wear,  on  his  feet.  His  linen  is  clean,  and  his  necktie 
neatly  tied  in  a  small  bow.  The  door  is  to  the  right,  directly 
opposite  the  fire-place,  before  which  the  women  are  seated. 
Bullard  swiftly  but  noiselessly — despite  his  heavy  shoes — 
glides  round  the  edge  of  the  screen  between  it  and  the  audi 
ence.  Mona  sees  him  first,  and  utters  a  little  cry). 

Mona:     "Oh,  Mother!  There  's  Father!" 

Bullard:  "Yes,  you  little  brat,  I've  tracked  you  'ere  at 
last,  and  your  fine,  dutiful  Parent — ha !  ha !  I've  a  little  ac 
count  to  settle  with  you.  Madam,  when  I  gets  you  'ome — 

Mrs.  Bullard:    "You'll  never  do  that—" 

Bullard:     "Never  do  that,  and  why  not,  pray?" 


14  ROBBERY     UNDER     LAW 

Mrs.  Bullard:  "Because  I'm  never  going  to  your  home 
any  more.  You've  beaten  me  once  too  often,  Mr.  Bullard. 
The  worm  has  turned  at  last.  I  go  home  with  you  no  more." 

Bullard:  "Well,  we'll  see  about  that — you  may  rest  as 
sured,  Madam, — we'll  see  about  that.  In  the  meantime  'ow 
do  you  propose  to  live  and  where  do  you  propose  to  live?" 

Mrs.  Bullard:  "I  propose  to  live  at  the  head  farmer's 
here — he  has  a  wife  and  little  girl,  and  take  in  sewing  to 
support  myself." 

Bullard:  "Oh!  You  do,  do  you?  A  pretty  notion  that — 
a  very  pretty  notion,  indeed.  Well,  I'll  have  none  of  it,  so 
come  along  now,  come  along  now !" 

Mrs.  Bullard:     "I'll  do  no  such  thing." 

(Bullard  has  been  standing  at  the  foot  of  the  table,  half 
facing  the  audience,  and  facing  the  women.  He  thereupon 
darts  forward  and  seizes  a  pair  of  tongs  at  the  right  of  the 
fire-place,  and  raises  them  to  strike  his  wife.  She — so  soon 
as  he  darts  forward — hastily  retreats  with  Mona  by  the  hand, 
to  a  recess  at  the  left  of  the  fire-place — between  it  and  the 
audience — where  there  is  a  large,  closed  wood-box.  She  kneels 
down  by  this  with  Mona  under  her.  protecting  the  child,  and 
her  head  bowed,  awaiting  Bullard's  blows.  Meantime  Viola 
has  darted  toward  the  door  and  opening  it  screams). 

Viola:    "Hugh,  Help!  Help!" 

(Bullard  begins  to  rain  blows  upon  his  wife's  head.  She 
has  very  heavy  black  hair,  done  up  in  a  coil  on  top  of  her 
head.  This  saves  her  life.  At  the  second  cry  for  help  Stut- 
field's  voice  is  heard  shouting). 

Stutfield:    "All  right.    I'm  coming!" 

(Bullard  pays  no  attention  to  Stutfield's  voice.  Soon  the 
sound  of  Stutfield's  feet  is  heard,  and  followed  by  Viola  he 
dashes  into  the  room  and  hisses). 

Stutfield :    "Wife-beater ! " 

(Stutfield  darts  round  the  end  of  the  screen,  rushes  at 
Bullard  and  seizes  him  by  the  collar,  jerks  him  away  from 
his  wife,  and  pinions  him  against  the  wall  in  the  corner,  by 
the  throat.  Stutfield's  left  hand  on  Bullard's  throat.  Bnllard 
has  the  tongs  still  in  his  right  hand.  A  tug  of  war  then  en 
sues  between  Stntfield  and  Bullard.  Stutfield  trying  to  keep 
him  pinned  to  the  wall  so  that  he  cannot  swing  the  tongs. 


ROBBERY     UNDER     LAW  15 

Bullard  trying  to  push  Stutfield  from  him  so  that  he  can 
land  a  knock-down  blow  on  top  of  Stutfield's  head.  Stut 
field  has  the  Nile  green  and  silver  velvet  Rugby  School, 
England,  football  cap  on  his  head  on  entering,  and  it  is  on 
during  the  struggle.  Gradually  Bullard  pushes  Stutfield 
away,  and  getting  him  far  enough  off  for  a  half-arm  blow, 
swings  the  tongs  and  knocks  Stutfield  down.  Viola  screams 
once,  but  stands  her  ground  a  few  feet  behind  Stutfield.  As 
he  falls,  she  darts  forward,  and  bends  over  his  head,  spread 
ing  out  her  arms  saying). 

Viola:  "Strike  me,  you  bully — you  can't  hit  him  when 
he's  down!" 

(Bullard  sneers  silently  and  disregarding  Viola  watches 
the  unconscious  Stutfield  attentively.  In  about  two  seconds 
from  the  time  Viola  spoke,  Stutfield  opens  his  eyes,  and  be 
fore  either  Viola  or  Bullard  know,  is  on  his  feet  and  crouch 
ing  to  spring  once  more  at  Bullard's  throat.  They  watch  one 
another  silently  for  a  few  seconds.  Then  Stutfield  advances 
straight  at  Bullard's  throat  with  left  arm  outstretched  stiff, 
to  its  fullest  extent.  He  has  hardly  made  two  strides  when 
Bullard  brings  down  the  tongs  full  on  top  of  his  head — which 
still  has  the  heavy  velvet  cap  on,  with  a  silver  knob  the  size 
of  an  acorn — of  silver  wire  on  the  top.  This  knob  saves  his 
life.  It  and  the  velvet  break  the  force  of  the  blow.  Stut 
field  drops  insensible  in  his  tracks.  Once  more,  Viola  screams, 
and  once  more  stretches  her  arms  over  the  prostrate  Stut 
field  saying). 

Viola :     "Kill  me,  if  you  like,  but  you  shan't  touch  him." 

Bullard:  (Sneering).  "Your  feller,  eh?  Well,  I  fancy 
I  done  for  'im  that  time.  7> — n  'im,  interfering  in  my  family 
affairs!  Now,  I've  got  a  little  bone  to  pick  with  this  lady." 

(Bullard  moves  towards  the  still  crouching  but  silent 
woman — save  for  her  low  moans  when  he  struck  her,  and 
frightened  sobs  from  the  little  child.  Just  before  he  reaches 
her.  Viola  gives  a  piercing  scream,  and  cries  out  immediately 
thereafter). 

Viola:     "Help!  Murder!" 

Bosco:  (In  low  tones  from  the  corner  of  the  screen — 
the  same  round  which  Stutfield  charged  at  Bullard).  "I'se 
here.  Miss.  I'se  here,  Miss.  Bosco  here.  Bosco  '11  do  him — 


16  ROBBERY     UNDER     LAW 

watch  Bosco!  Lawd-Gawd!  Is  dat  Mr.  Stutfield  layin' 
there?  Your  murderin'  villain!" 

(With  that.  Bosco  crouches  like  a  tiger  and  springs  upon 
Bullard  from  behind,  bringing  Bullard  down  flat  on  his  back 
under  him.  By  this  time  Stutfield  has  come  to,  and  risen 
to  his  feet). 

Viola:     (In  a  low  tone).     "Are  you  hurt,  my  darling?" 

Stutfield:  (In  the  same  low  voice).  "No,  my  dearest 
darling,  not  a  bit.  You  precious  child !  It  took  the  threat 
of  death — of  my  death  to  melt  your  frozen  bosom.  Do  you 
love  me?" 

Viola:    "Yes,  my  hero.    I  do." 

Stutfield:  "Thank  God  then,  for  those  two  blows!  You 
saved  the  day  though,  dearie.  As  I  went  off  into  my  two 
sleeps  your  sweet,  bell-like  voice  was  ringing  in  my  ears — like 
a  silver  trumpet-call,  sounding  the  charge !  And  by  Gad !  my 
black  Bosco  heard  your  bugle  and  "made  good."  Look  at  the 
black  rascal  holding  that  murderous  villain  down." 

I  hereby  crown  you  Queen  of  Love  and  Beauty  of  this 
tournament — this  modern  Ashby-de-la-Zouche  of  'Ivanhoe' " 
(Kissing  her  hand.  Viola  blushing,  smiles,  and  half  with 
draws  her  hand  hastily  glancing  towards  Mrs.  Bullard  and 
child,  who,  however,  are  too  intent  watching  the  group  in 
the  corner  just  vacated  by  themselves  to  pay  any  attention 
to  the  lovers.  Seeing  that  there  is  no  danger  of  being  ob 
served,  she  relinquishes  her  hand  to  Stutfield.  and  bowin-i. 
smiling,  says)— 

Viola :  "The  Queen  of  Love  and  Beauty  accepts  the 
glorious  crown  placed  upon  her  unworthy  head,  by  thy  glori 
ous  hand  Sir  Knight  of  'Rokeby.'  Whose  head-dress  sug 
gests  the  oriental  pomp  of  the  dauntless,  but  ruthless  Sir 
Brian  de  Bois  Guilbert:  and  whose  character  that  of  the 
stainless  Wilfred  of  Ivanhoe." 

Stutfield :  "My  adored  darling"  (kissing  her  hand  once 
more)  "You  make  me  the  proudest  and  happiest  of  men." 

(Mrs.  Bullard  has  risen,  and  with  Mona  has  seated  her 
self  as  before.  She  is  dishevelled,  her  hair  hanging  about 
her  waist,  but  no  blood  visible  from  the  cuts  afterward  found 
in  her  scalp,  and  no  wounds  on  her  face.  The  child  is  un 
touched). 


ROBBERY     UNDER     LAW 


Viola:     "How  do  you  do,  now,  my  poor  woman?" 

Mrs.  Bullard :  "Oh !  It  was  dreadful — but  he  didn't 
break  my  skull,  my  hair  saved  that.  The  negro  came  just  in 
time,  though,  for  my  hair  was  all  that  saved  it,  and  that  WOF 
falling — the  last  strands  under  the  last  blow,  Mr.  Stutfield, 
came  into  the  struggle  on.  How  are  you  sir?" 

Stutfield:  "Very  well,  thank  you.  I'm  delighted  there 
are  no  bones  broken.  I  can  assure  you  of  your  divorce  7 
Madam — with  such  witnesses  to  such  an  act,  you  could  almost 
— I  say  almost — get  a  divorce  from  Rome  herself.  How's  the 
little  girl?" 

Mrs.  Bullard :  "She's  quite  untouched,  Sir.  I  knelt  over 
her." 

Stutfield:  "I  saw  that  you  did — my  brave  woman — I 
saw  that  you  did.  You  are  a  noble,  self-sacrificing  Mother. 
Now.  ladies,  watch  me  direct  the  manoevres  on  the  field  of 
battle  with  my  heavy  Numidian  cavalry — to  use  a  bold  meta 
phor.  Bosco!" 

Bosco:     "Yes,  Suh." 

Stutfield :  "Let  the  dog  up,  and  as  soon  as  he  rises  take 
the  old  hold — you  know  what  I  mean — the  hold  I've  always 
told  you  to  aim  for." 

Bosco:     "Yes,  Suh." 

Stutfield :     "And  hold  it  till  death  do  you  part." 

Bosco:     "Yes,  Suh." 

Stutfield :  Now  watch  him  close  and  strike  him  a  knock 
out  blow  on  the  point  of  the  jaw  if  he  tries  any  tricks  in  ris 
ing — but  don't  strike  him  unless  he  does.  If  he  rises  quietly, 
simply  get  the  old  hold." 

Bosco:    "Yes,  Suh." 

(Bosco  with  right  fist  clenched  and  drawn  back  to  strike, 
rises  crouchingly.  Bullard  rises  slowly  but  warily.  Bosco 
makes  a  feint  at  him  as  Bullard  gets  his  feet,  and  half  turns 
away  from  Bosco.  This  is  the  latter's  chance.  He,  quick  as 
a  flash,  jumps  behind  Bullard  and  throws  both  arms  round 
him  from  behind,  pinioning  Bullard's  arms  to  his  sides.  Bui- 
lard's  forearms  are  free,  but  not  his  arms.  Bosco's  head  is 
on  Bullard's  right  shoulder,  right  next  his  face.  Bosco's  arms 
are  wrapped  completely  round  Bullard.  They  whirl  and 
wrestle  for  some  moments  in  silence.  Suddenly,  Stutfield 


18  ROBBERY     UNDER     LAW 

whips  out  a  .32  calibre  Smith  &  Wesson  revolver  from  his  hip- 
pocket,  and  lets  it  hang  down,  pointing  to  the  floor,  his  finger 
on  the  trigger). 

Stutfield :  "Pray,  don't  be  concerned  at  the  sight  of  this 
little  gun,  ladies.  I  haven't  the  remotest  idea  of  employing 
it — not  the  remotest — but  Bullard  is  a  notoriously  powerful 
man.  He  is — I  hear — known  to  have  carried  a  railroad  tie — 
always  a  job  for  two  strong  men — on  his  shoulders,  and  put  it 
in  place  alone  in  the  road-bed.  So  it  doesn't  do  to  take  too 
many  chances  with  a  gentleman  of  his  strength  of  arm  and 
weakness  of  morality.  Now,  Mr.  Bullard,  a  word  in  your 
alabaster  ear.  You've  heard  what  I  said,  because  your  ears 
are  open,  and  you  very  well  know  your  own  interests,  or — at 
least — what  appear  to  you  to  be  your  own  interests.  I  have 
the  determination  presently  to  have  you  bound,  hand  and 
foot,  warmly  wrapped  in  blankets,  and  laid  in  a  bed  of  straw, 
in  the  bottom  of  my  four-mule  wagon,  and  under  an  armed 
escort  of  my  hands — who'll  blow  the  top  of  your  head  off  if 
you  attempt  to  escape — haul  you  to  Charlottesville,  and  turn 
you  over  to  the  sheriff.  I  shall  then  institute  proceedings  in 
Mrs.  Bullard's  behalf  for  a  divorce,  on  the  ground  of  cruelty. 
Meantime,  you'll  have  been  tried,  and  condemned  and  sent  to 
the  penitentiary  for  a  term  of  years  for  attempted  assault  to 
kill — not  only  upon  Mrs.  Bullard,  but  upon  my  unworthy 
self.  Meantime,  Mrs.  Bullard  will  have  secured  her  divorce 
and  with  Mona  will  have  sailed  to  England  at  my  expense. 
That  is  the  programme  that  awaits  you,  Mr.  John  Bullard." 

(During  this  speech  Stutfield  has  inadvertently  drawn 
nearer  Bullard  than  is  discreet.  For,  all  of  a  sudden,  the 
latter  thrusts  forth  his  left  hand  and  seizes  the  pistol  by  the 
butt  and  Stutfield's  hand  at  the  same  time,  fumbling  with 
the  butt  in  order  to  prize  it  out  of  Stutfield's  hand,  pointing 
the  pistol  and  Stutfield's  hand  at  one  and  the  same  time  full 
at  Mrs.  Bullard's  face.  Stutfield  instantly  swings  the  pistol 
back  by  exerting  all  his  force,  and  throwing  his  body  into 
the  swing.  They  are  now  standing  against  the  wood-box — 
the  pistol  pointing  past  Bullard's  head,  into  the  abutting 
chimney.  Bosco  holds  Bullard  motionless.  A  duel  to  the 
death  is  in  progress — a  wrist-duel,  so  to  speak,  between  Stut 
field  and  Bullard.  Suddenly  Stutfield  says) : 


19 


Stutfield:  "I  see  your  fingers,  Bullard,  like  a  tarantula's 
legs,  stalking  down  the  pistol  barrel.  I  see  your  little  game. 
It  's  this :  to  work  your  way  down  the  barrel  till  your  thumb 
is  inside  the  trigger-guard  of  this  self-cocker.  Then  push 
the  barrel  in  one  of  two  directions,  either  towards  Mrs.  Bul 
lard,  or,  over  backwards  into  my  face.  Whenever  the  muz 
zle  has  reached  whichever  of  the  positions  you  aim  at,  you 
will  then  press  your  thumb  against  my  trigger-finger  and 
explode  the  piece — and  if  your  aim  is  as  good  as  your  gall — in 
meditating  such  a  piece  of  impertinence — to  put  it  somewhat 
mildly — Mrs.  Bullard  or  myself  will  drop  dead.  You  will 
then  wrench  the  pistol  out  of  my  dead  hand  and  kill  Bosco, 
and  then  Mrs.  Bullard,  and  then  Miss  Cariston,  and  lastly, 
your  little  daughter,  and  then  jump  for  the  woods  and  hope  to 
make  good  your  "get-away."  That  's  your  little  programme. 
But  there  's  one  little  difficulty  in  putting  the  same  into  exe 
cution — namely,  that  I'm  your  master  when  it  comes  to  wrists. 
Of  course,  you  don't  know  it,  but  I'm  an  expert  fencer  with 
both  right  and  left  hands,  and  nothing  so  steels  the  wrist,  so 
strengthens  and  hardens  it  while  keeping  the  'muscle  flexible, 
as  fencing.  You  are  stronger  than  I  am  at  a  tug  of  war. 
You  won  the  push  of  war  when  I  tried  to  pin  you  against 
that  wall.  You've  won  two  rounds  of  this  fight.  I  won  the 
first  when  I  frustrated  your  attempt  to  murder  your  wife  be 
fore  my  eyes,  and  pulled  you  off  your  prey — you  won  the  next 
two  with  a  knock-down  to  your  credit  in  each  round — so  it 
now  stands,  first  round,  Stutfield's.  Second  round,  Bullard's. 
Third  round,  Bullard's.  Fourth  and  last  round,  (about  to  be) 
Stutfield's." 

(At  that  very  instant  the  pistol  explodes,  and  Bullard 
leaps  into  the  air,  a  dead  man.) 

Viola:     llMy  God!  Hugh  are  you  hurt,  darling?" 

Stutfield:     "No,  darling." 

(Bosco  lets  Bullard  softly  down  on  his  back). 

Bosco:    "He  dade." 

Stutfield:     (Gravely).     "Yes,  Bosco.     'He  dade'." 

End  of  Act  I.     Scene  I. 


20  ROBBERY     UNDER     LAW 

"THE    WEAVING    OF   THE    PLOT." 
ACT  II.     SCENE  I. 

Time :  Four  days  later,  4  P.  M. 

i 
t 

(Drawing-room  at  "Elsinore."  This  room  has  door  and 
fire-place  facing  each  other — to  right  and  left  of  stage.  Win 
dow  in  wall  opposite  stage  opens  onto  conservatory.  Sofa 
between  door  and  fire-place.  James  Lawless,  in  morning 
suit — tall,  portly,  good  looking;  about  30,  blond,  light  blue 
eyes,  heavy  blonde  moustache.  Discovered  reading  a  news 
paper,  seated  on  sofa). 

Lawless:  "New  York  'Herald.'  March  17th,  1887,— yes 
terday's  paper,  eh? — 'Millionaire  Law- Writer  and  Art  Pa 
tron  acquitted  of  killing  John  Bnllard.  Hugh  Stutfield.  of 
'Rokeby,'  Albemarle  County,  Virginia,  was  freed  of  the  re 
sponsibility  for  the  death  of  John  Bullard,  the  English  wife- 
beater,  who  met  his  death  in  a  struggle  with  Stutfield  over 
the  possession  of  a  revolver.  It  was  brought  out  at  the  in 
quest  held  in  the  dining-room  at  'Rokeby'  that  Stutfield  was 
in  the  habit  of  carrying  a  revolver  in  the  house — but  not  out 
of  doors — owing  to  the  loneliness  of  the  situation  of  'Rokeby' 
and  the  fact  that  he  slept  entirely  alone  in  the  house — not 
another  human  being  in  it — not  even  a  servant — and  the  con 
sequent  danger  of  a  burglar's  slipping  into  the  house  at  any 
time  and  waylaying  its  rich  owner,  caused  him  therefore  to 
have  the  weapon  on  when  Bullard  invaded  his  home.  Cor 
oner's  jury  compliments  millionaire  on  courage  he  showed  in 
voluntarily  risking  his  life  in  a  hand-to-hand  struggle  with 
the  fiend,  instead  of  drawing  the  revolver  and  forcing  him — 
under  pain  of  death — to  desist  from  beating  his  wife — or 
summoning  the  powerful  negro  body-servant,  "Bosco,"  who 
subsequently  appeared  and  mastered  Bullard — called  to  the 
scene  by  the  screams  of  Miss  Cariston.  who  had  met  and  car 
ried  in  her  runabout  to  'Rokeby'  Mrs.  Bullard  and  her  little 
eight-year-old  daughter,  Mona,  fleeing  from  Bullard  and  on 
her  way  to  'Rokeby'  to  ask  legal  advice  concerning  divorce 
and  temporary  protection.  Widow  lodged  with  millionaire's 
married  head-farmer.  So  soon  as  recovered  from  severe  scalp- 


ROBBERY     UNDER     LAW  21 

wounds  inflicted  by  her  husband — physician  had  to  take  three 
stitches  in  her  scalp — will  be  returned  to  her  brothers  who  are 
well-to-do  hotel  keepers  in  Liverpool — at  expense  of  Law- 
Writer.  Heavy  velvet  Eugby  football  cap  which  Stutfield 
used  to  wear  when  full-back  on  his  team  at  Rugby  School, 
in  England,  saves  his  life.  Verdict  of  jury :  'We,  the  jury,  of 
inquest,  sitting  on  the  body  of  John  Bullard,  find  that  he 
came  to  his  death  by  a  bullet  from  a  revolver  in  the  hands  of 
himself  and  Hugh  Stutfield,  while  the  latter  was,  in  good 
faith,  attempting  to  prevent  Bullard  from  shooting  his,  Bui- 
lard's  wife.'r  (Laying  aside  newspaper). 

"The  usual  romantic  fustian  so  dear  to  the  heart 
of  the  City  Editor.  But  this  farcical  episode  has  a  de 
cidedly  dangerous  side  to  it  for  my  hopes.  Viola  is  a  girl 
who  can  only  be  reached  through  the  imagination.  Pve  tried 
every  other  way  and  found  an  icy  barrier  like  that  guarding 
the  Antarctic  pole.  This  ridiculous  flash-in-the-pan,  fire 
works  at  Stutfield's  may  just  'do  the  business'  for  me — put  a 
spoke  in  my  wheel  and  ruin  my  chances  with  the  only  girl  I 
ever  saw  for  whose  possession  I  would  sacrifice  the  rights  and 
privileges  of  a  bachelor  life.  It  was  most  fortunate  that  I 
foresaw  possible  complications  in  the  return  to  his  native 
heath  of  Stutfield,  after  years  of  foreign  wanderings,  last 
January,  and  his  consequent  propinquity  to  my  fair  inamor- 
-ata.  Fortunate,  indeed,  that  I  carried  my  cares  concerning 
disposing  of  a  devilishly  disagreeable  factor  in  the  situation 
to  my  father-confessor  in  law — if  not  religion — Belisarius 
P.  Spink,  attorney  and  counsellor  at  the  New  York  bar,  and 
about  the  slickest  rascal — but  at  the  same  time,  about  the 
most  deeply  learned  lawyer — practising  in  any  court  on  Man 
hattan  Island.  Belisarius  unfolded  a  plot  to  me  about  as 
damnably  black  and  foul  as  Hell  itself  ever  held — short  of 
actual  assassination.  Hardened  as  I  am  in  the  ways  of  the 
world — as  a  man-about-town  in  New  York,  with  practically 
unlimited  means  for  the  purchase  of  the  pleasures  of  the  ap 
petite — no  matter  which  appetite  or  what  appetite — sooner 
or  later  is  bound  to  become — none  the  less,  the  plot  unfolded 
to  my  far  from  virgin  ears  and  developed  before  my  far  from 
virgin  eyes,  I  am  frank  to  say,  appalled  me.  But  necessity 
knows  no  law.  Hence  I  snatched  at  the  straw  held  out  to  my 


22  ROBBERY     UNDER     LAW 


drowning  hopes  of  having  Viola  by  fair  means.  Hence.  I 
am  here  to  weave  the  final  meshes  of  that  plot  which  shall 
forever  free  me  from  fear  of  competition  from  Stutfield. 
And  yet — at  times — something,  something  resembling  my  old 
college  friend  and  visitant,  Robert  E.  Morse,  R.  E.  Morse — 
remorse — visits  me,  and  stands  at  the  foot  of  my  bed  and 
looks  at  me  as  I  awake  of  a  morning,  as  he  used  to  do  after  a 
night  with  the  boys  in  my  college  days  at  Harvard — but  life 
is  short,  and  a  man  has  but  one  life  to  live,  so  I  decided  to 
face  Robert  E.  Morse  himself  before  IM  forego  the  delights 
awaiting  me  in  the  arms  of  Miss  Viola  Cariston,  whom  I  have 
been  assiduously  pursuing  for  orte  calendar  year — " 

(Enter  negro  servant,   with  telegram  on  tray). 

Servant:  "A  telegram  for  Mr.  James  Lawless,  Suh,  and 
a  message  from  Miss  Viola,  Suh,  sayin'  that  her  horse  done 
cast  a  shoe  on  her  ride  this  afternoon,  and  she  won't  be  back 
tell  sundown.  She's  waitin'  at  'Airly' — de  Miss  Peytons1 
place,  tell  de  nearest  blacksmith  shoe  her  horse." 

Lawless:  "Thank  you,  Wash.  Here  's  a  quarter  for 
you." 

Servant:    "Thank  you,  Sufi." 

(Exit  servant). 

Lawless:     (Opening  telegram  and  reading)  — 

"Hot  Springs,  Virginia,  March  18th,  1887. 
James  Lawless,  'Elsinore,'  Cobham,  Va. 

Blettermole,  Mrs.  Blettermole  and  self  arrive  on  his  pri 
vate  car  at  Cobham  about  4  P.  M.  to-day.  Have  instructed 
local  storekeeper  to  have  conveyance  ready  to  carry  us  to 
'Elsinore'  immediately  without  troubling  Captain  Cariston 
to  send  for  us — he  can  send  us  back  after  our  conference. 
Blettermole  enthusiastic  over  plan.  M<n]<iri><'  winced  sharply 
at  first  but  the  benefits  accruing  to  the  children  brought  her 
round.  I  put  forward  that  line  of  thought  and  won  the  day. 
Congratulations. 

B.  P.  SPINK." 

"So  far,  so  good."  (Pulling  out  his  watch).  "They 
should  be  here  now.  I'm  glad  Viola  is  detained.  It  will  give 
me  ample  time  to  conclude  this  little  business  here  and  now.'' 

(Voices  are  heard  in  hall.  Enter  Winston  Blettermole, 
dressed  in  sack  suit  of  very  light,  rough  gray,  dittoes — almost 


ROBBERY     UNDER     LAW  23 

white — with  a  rainbow-hued  tie,  tied  in  a  bow.  He  is  about 
medium  height  and  wears  a  brown  beard,  trimmed  to  a  short 
point — French  fashion — and  closely  clipped  at  sides.  His  hair 
is  brushed  straight  off  his  forehead  without  a  part.  Bletter- 
mole's  eyes  are  brown.  He  is  about  thirty,  and  good  looking, 
with  a  good,  trim  figure.  Without  being  in  the  least  ner 
vous  Blettermole  gesticulates  gracefully  and  frequently.  Con- 
stantia  Blettermole  is  a  tall,  elegant  woman,  with  light  gray 
eyes  and  brown  hair,  and  pale  skin.  Dressed  in  the  mode  of 
the  day.  Her  voice  is  what  the  French  call  trainante,  and 
has  a  peculiar  drawl,  not  unattractive. 

Spink  is  a  man  of  fifty,  splendidly  preserved.  Not  a  gray 
hair  in  his  jet  black,  thick  head  of  hair,  which  is  straight, 
and  parted  on  the  side.  His  features  are  regular,  but  some 
what  sharp,  and  are  accompanied  by  an  expression  of  ex 
treme  shrewdness  and  coldness.  His  eyes  are  so  dark  as  to 
be  almost  black.  He  is  dressed  in  a  travelling  suit  of  dark 
brown  dittoes — a  sack  suit.  His  voice  is  hard  and  cold.  He 
never  makes  a  gesture  under  any  conceivable  circumstances. 
He  speaks  somewhat  slowly  and  enunciates  each  word  with 
marked  distinctness.  Blettermole  enters,  followed  closely  by 
his  wife,  and  at  some  little  distance  by  Spink.  Lawless  rises 
and  moves  to  meet  them). 

Lawless :  "Welcome  to  'Elsinore,'  "  my  fair  friend  (bow 
ing  and  shaking  hands  with  Constantia)  and  you,  too,  Win 
ston  (shaking  hands  with  him)  and  you,  my  guide,  phil 
osopher  and  friend  (shaking  hands  with  Spink). 

Constantia :     "As  fond  of  'Hamlet'  as  ever,  James,  I  see." 

Lawless :     "Quite." 

Blettermole:  "Well,  Jim,  how  goes  it,  old  man,  down 
here  in  these  bucolic  wilds?" 

Lawless :     "Fairly  well,  thank  you,  Winston,  fairly  well." 

Spink:  "How  doth  my  very  good  friend  and  respected 
client?" 

Lawless:     "Fairly  well,  thank  you.  B.  P.,  fairly  well." 

Spink:  "I'm  glad  to  hear  that,  for  our  affairs  wag  ex 
ceeding  well." 

Blettermole:  "Yes,  by  Jove,  Jim,  that  's  a  great  scheme 
of  B.  P.'s.  It's  the  best  I've  heard  yet  for  putting  out  of  the 
running  that  devil.  Stutfield." 


24  ROBBERY     UNDER     LAW 

Spink:  "Caution  proclaims  a  lower  tone,  my  most  re 
spected  client,  and  co-conspirator  in  this  most  deep  plot." 

Constantia:  "Oh!  Mr.  Spink,  please  don't  use  such 
words  before  me,  at  all  events.  You  see,  I  am  young  at  this 
sort  of  thing,  and  it  shocks  me  horribly/' 

Spink:  "Pardon,  madam,  my  gaucherie.  We  limbs  of 
the  law  are  apt  to  be  brutally  frank,  when  we  are  not  beauti 
fully  vague,  nebulous  and  dim  in  our  meaning." 

Constantia :  "Nothing,  so  help  me  heaven,  could  induce 
me  to  take  a  hand  in  a  thing  of  this  sort  but  the  children's 
interests.  When  I  think  of  those  innocent  lambs  at  home,  and 
the  wolves  that  prowl  around  the  palaces  of  the  rich — unless 
the  rich  have  more  than  a  million  to  call  upon  in  case  of 
need — I  feel  my  mother's  heart  steel  itself,  and  become  deaf 
to  all  interests  but  those  of  my  lambs.  I  feel  that  I  am  pro 
tecting  them  from  the  wolves  every  time  I  add  a  hundred 
thousand  onto  the  share  each  of  my  five  chicks  will  inherit 
from  Winston  and  me — you  see,  it  takes  a  good,  round  sum  of 
money  to  go  round  and  leave  a  hundred  thousand  dollars  in 
each  dear  little  lap  on  its  way.  Hugh  Stutfield  I  personally 
always  liked.  He  always  struck  me  as  a  singularly  mag 
netic,  a  singularly  forceful  personality,  besides  being,  of 
course,  what  no  one  can  very  well  deny  when  they  claim  to 
be  in  touch  with  the  times  and  therefore  know  his  record — his 
monumental  law  book  on — Trial-by-Jury — a  law-writer  of 
renown." 

Spink:  "Pardon  my  interruption.  Madam,  constitu 
tional  law  is  certainly  widely  and  learnedly  discussed  therein, 
but  the  subject  of  the  book  is:  'The  Absolute  Rights  of  the 
Individual,'  a  subject  dear  to  the  heart  of  that  great  lumin 
ary  of  our  great  profession,  Sir  William  Blackstone.  author 
of  the  immortal  'Commentaries  Upon  The  English  Common 
Law.' " 

Constantia:  "Thank  you,  Mr.  Spink,  for  setting  me 
rieht — and  his  nationwide  plan  for  the  application  of  Xn- 
poleon  Bonaparte's  Prix  de  Rome — his  system  of  foreign 
scholarships  for  the  cultivation  of  painting,  sculpture,  archi 
tecture,  music — the  voice  of  both  women  and  men.  as  well  as 
the  piano  and  violin — and  finally,  the  art  of  acting — to  which 
he  subscribed  so  heavily  himself — all  these  things  show  the 


ROBBERY     UNDER     LAW  25 

brains  and  character  of  Hugh  Stutfield.  But,  much  as  I  appre 
ciate  the  attributes  of  head  and  heart  of  Mr.  Stutfield,  they 
wither  and  fade  into  insignificance  beside  the  interests  of  my 
offspring,  who  will,  each  of  them  get  about  a  million  by  in 
heriting  Mr.  Stutfield's  property  of  about  five  millions." 

Spink:  "Spoken  like  Cornelia,  the  Mother  of  the  Grac 
chi,  Madam — Cornelia,  that  flower  of  Roman  matrons,  who, 
when  asked  where  her  jewels  were  by  a  lady  calling  upon  her, 
and  showing  Cornelia  her  priceless  gems  replied,  'Here  are 
my  jewels,'  pointing  to  her  two  sons — later,  by  their  fame, 
worthy  of  such  a  Mother." 

Constantia :  ''Thank  you,  Mr.  Spink,  you  have  a  happy 
faculty  of  bridging  the  'dark  backward  and  abysm  of  time' 
of  the  immortal  Bard  of  Avon,  separating  the  tawdry  pres 
ent  from  the  purple  splendors  of  imperial  Rome." 

Blettermole:  "Constantia,  you  make  me  sick  with  your 
forever  holding  up  the  debauched  epoch  of  Rome  to  the  dis 
advantage  of  our  day,  which  you  very  well  know  is  the  very 
topmost  height  civilization  has  yet  reached." 

Constantia:  "Winston,  you  very  well  know,  my  dear, 
that  there  were  epochs  and  emperors  of  Imperial  Rome  which 
were  quite  as  marked  for  their  law  and  order  as  our  own 
more  enlightened  days.  For  instance,  one  of  the  greatest  his 
torians  that  ever  lived,  maintained  that  the  golden  age  of 
the  world — or  rather  that  which  most  approached  that  de 
lightful  period — was  the  age  of  the  Roman  Emperors  known 
as  the  Antonines — of  which  one  was  a  philosopher  and  up 
right  man,  who,  from  his  acts  and  thoughts  might  well  have 
been  a  follower  of  the  Founder  of  Christianity,  namely,  Mar 
cus  Aurelius — the  historian  was  Gibbon,  author  of  that 
mighty  work  'The  Decline  and  Fall.'  r 

Spink:  "Mrs.  Blettermole  spiked  your  guns  there,  my 
bellicose  and  pushful  client." 

Blettermole:  "Oh!  Constantia  is  pretty  apt  to  be  cor 
rect  in  whatever  she  says  or  does,  B.  P.,  I'll  admit  that.  Only 
it  does  bore  me  to  hear  her  mount  her  Roman  and  Greek 
hobbies." 

Constantia :  "Winston,  you  are  a  mere  boy  when  it 
comes  to  anything  outside  the  realm  of  sport ;  or  the  certainly 


26  ROBBERY     UNDER     LAW 

classic  and  literary,  but  very  narrow  vein  of  literature  you 
favor  with  your  very  difficile  and  eclectic  regard." 

Blettermole :  "Well,  Constantia,  let's  let  the  matter 
drop,  and  get  down  to  that  plot  of  13.  P.'s.  You  are  aware 
that  I  am  not  much  on  head-work.  I'd  rather  walk  a  mile 
than  think  a  minute — ' 

Spink:  "A  shameful  confession,  wittily  put,  my  re 
spected  client,  most  shameful,  and  for  a  man  of  your  nat 
ural  wit  and  strength  of  repartee." 

Blettermole:  "Drop  your  taify,  Spink,  and  get  down  to 
business.  I  caught  Lawless  yawning  behind  his  hand  a  min 
ute  ago." 

Spink:  "So  be  it.  I  shall,  as  Julius  Caesar  says,  plunge 
in  medias  res — into  the  midst  of  things,  without  more  ado. 
The  plot  is  precisely  this.  The  laws  of  New  York  State  and 
those  of  about  forty  per  cent,  of  the  rest  of  the  States  of  this 
grand  and  enlightened  Union,  lead  the  world — with  the  pos 
sible  exception  of  England — for  rascality,  ignorance,  and  vice 
upon  one  important  but  rarely  worked  vein  of  human  activity. 
I  allude  to  Insanity.  Only  those  'in  the  know'  those,  I  mean, 
who  live  in  large  cities  and  happen  to  have  property  thav 
needs  a  lawyer's  care,  and  also  happen  to  have  a  lawyer  who 
happens  to  be  in  touch  with  the  dark  and  tortuous  ways  of  Lu 
nacy  Legislation  the  world  over,  as  well  as  this  nation  over — 
only  those  far  from  numerous  individuals  may  be  said  to  be 
'in  the  know'  in  regard  to  Lunacy  Law.  I  happen  to  l>e  very 
much  'in  the  know.'  Since  I,  Belisarius  P.  Spink,  attorney 
and  counsellor,  am  the  man  at  the  helm  of  the  Steering  Com 
mittee  that  guides  all  Legislation  in  Lunacy  matters  in  Albany 
touching  Lunacy  Legislation.  The  great  Private  Lunatic 
A-ylums  honey-combing  the  State  of  which  'Fairdale.'  falsely 
so-called — for  its  real  name  is  'The  Omnium  Hospitr.l'  with 
hospital  and  offices  on  a  side  street,  just  west  of  Fifth  Ave 
nue — 'Fairdale'  is  the  flower  and  pearl,  of  course,  are  not  in 
business  for  the  health  of  the  owners  and  directors — quite  the 
contrary,  I  do  assure  you.  Well,  now,  what  happens  when  n 
powerful  interest,  which  makes  hundreds  of  thousands  out  of 
the  public  yearly,  gets  its  various  heads  together — why. 
that  which  happens  when  railroads — steam  or  traction — are  in 
the  same  juxtaposition — there  is  something  doing  at  Albany 


ROBBERY     UNDER     LAW  27 

by  way  of  Manipulated  Legislation  in  order  to  strengthen  any 
weak  spots  in  the  lines  of  battle — so  to  speak — or  to  reach 
out  and  develop — reach  out  after  new  business.  So  said  in 
terests  keep  an  organization  at  Albany,  which  has  its  finger 
on  the  pulse  of  any  and  all  legislation  taking  place,  or  even 
most  remotely  threatening  to  take  place,  concerning  Lunacy 
Legislation  at  Albany.  Furthermore,  the  steering-committee 
keeps  in  touch  with  the  State  Lunacy  Commission  at  Albany 
— a  body  consisting  of  a  physician,  a  lawyer  and  a  layman,, 
who  have  practically  supreme  power  over  the  said  chain  of 
Private  Lunatic  Asylums  honeycombing  the  Empire  State. 
For  instance :  the  Lunacy  Commission  has  the  duty  to  inspect 
the  Private  Lunatic  Asylums  and  visit  each  and  every  inmate 
of  either  sex,  and  satisfy  itself  that  he  or  she  is  properly  con 
fined  as  a  lunatic.  Also,  the  said  Commission  in  Lunacy  is 
expected  to  set  free  a  man  or  woman  who  recovers  his  or  her 
sanity  after  a  certain  amount  of  confinement.  How  honestly 
and  faithfully  the  said  Commission  does  its  work  is  vividly 
illustrated  by  two  instances — to  go  no  farther  afield.  The 
head  of  the  said  State  Commission  in  Lunacy,  who  is  always 
the  physician  on  the  board,  was  caught  by  the  Governor  of 
the  State  of  New  York  at  bribe-taking  from  the  heads  of  said 
Private  Lunatic  Asylums — or  certain  heads,  at  least.  The  plan 
of  the  Doctor  was  ingenious.  He  didn't  do  so  dull  a  thing  as 
take  a  money-bribe — the  money  might  have  been  marked,  you 
know,  or  the  stub  of  the  cheque  tell-tale  in  its  nature — he  did 
no  such  dull  thing.  What  he  did  was  to  ask  these  gentlemen 
to  subscribe  to  a  certain  snug  number  of  shares  of  stock  in 
a  gold  mine  he  owned  out  in  Utah.  The  ratiocination  in  the 
premises  is  fairly  obvious.  The  Doctor  did  not  want  his  gold 
mine  inspected  too  closely  by  holders  of  its  stock — any  more 
than  the  heads  of  said  Private  Lunatic  Asylums  desired  their 
gold  mines,  their  Private  Lunatic  Asylums,  inspected  too  close 
ly  by  the  Doctor.  The  Governor  promptly  removed  the  head 
of  the  State  Lunacy  Commission  at  Albany,  from  office — we 
having,  at  the  time,  a  Governor  who  was  actually,  honestly 
interested  in  pure  politics — politics  that  were  pure — I  desire 
to  imply.  The  second  and  last  instance  of  the  strength  of 
the  honesty  and  fidelity  to  duty  of  this  all-powerful  Com 
mission  is  aptly  illustrated  as  follows.  A  poor  devil — when 


28  ROBBERY     UNDER     LAW 

I  say  'poor  devil,'  I  desire  to  be  understood  as  alluding  to  :i 
millionaire  inmate  of  'Fairdale,'  who  had  the  Devilish  poor 
luck  to  run  foul  of  the  man  at  the  helm  of  the  Steering  Com 
mittee  of  the  private  Lunatic  Asylum  Trust — your  humble  ser 
vant — Belisarius  P.  Spink — this  aforesaid  poor  devil  f  had, 
in  the  course  of  the  four  years  he  spent  at  Tairdale,'  before 
he  died  there,  been  visited  but  once  by  the  said  Lunacy  Com 
mission,  and,  upon  that  occasion  by  only  one  member  of  the 
said  Commission.  I  hope  I  have  said  enough  to  intimate  to 
this  select  and  distinguished  audience,  that  a  man  once  in 
carcerated  in  'Fairdale'  has  about  as  much  chance  of  ever 
drawing  a  free  breath  of  air  again  as  though  he  were  in 
carcerated  in  Hell — " 

Constantia :  "You  surely  have,  Mr.  Spink,  you  make  me 
shudder.  Of  all  the  places  on  earth  that  fill  me  with  dread, 
that  place  is  a  lunatic  asylum.  A  person  would  be  safer  and 
more  sympathetically  entouree  if  she  were  surrounded  by 
drunkards  in  all  the  horrid  and  various  stages  of  intoxica 
tion." 

Lawless:  (Aside  to  Spink).  "B.  P.,  be  on  your  guard. 
You  have  painted  the  situation  so  strongly  that  Mrs.  Bletter- 
mole's  feminine  susceptibilities  have  taken  alarm.  Beware 
lest  you  destroy  your  own  handiwork  by  the  eloquence  of  your 
pictorial  powers. 

Spink:  (Aside  to  Lawless).  "The  point  is  admirably 
taken.  I  am  so  utterly  unused  to  take  women  into  con 
sideration — except  as  play-things — that  it's  next  to  impos 
sible  for  me  to  take  them  seriously.  I  shall  amend 
the  complaint."  (Aloud).  "Of  course,  you  must  make  allow 
ance  for  my  professional  habit  of  exaggerating  the  points  in 
my  favor,  and  minimizing  those  opposed — Mrs.  Blettermole. 
I  do  not  intend  to  convey  that  there  is  really  the  slightest 
similarity  between  a  Private  Lunatic  Asylum  and  Hades.  Far 
from  it.  Nothing  could  be  more  luxurious  than  the  grounds, 
say.  of  'Fairdale.'  Expensive  hot-house  plants  are  set  out 
everywhere  along  the  border  of  the  closely  cropped  sward — 
looking  more  like  one  of  the  stately  homes  of  England  than  a 


tThe  author  is  the  "poor  devil"  referred  to.     Only  once  was  he 
visited  by  the  Lunacy  Commission  in  four  years'  incarceration. 


ROBBERY     UNDER     LAW  29 


place  for  the  amelioration  of  the  physical  and  mental  condi 
tion  of  those  unfortunates  whose  minds  are  clouded." 

Constantia:  "Mr.  Spink,  you  surely  are  a  lawyer.  You 
surely  are  an  advocate — " 

Blettermole :  "An  advocate !  I  should  say  he  was  an 
advocate.  Ha!  Ha!  An  advocate!.  Why,  doesn't  he  belong 
to  the  Church  of  the  Holy  Advocate — on  Fifth  Avenue,  New 
York,  a  recent  million  dollar  edifice  built  almost  entirely  by 
subscriptions  from  members  of  the  legal  profession  of  New 
York  City,  not  forgetting  that  conglomeration  and  .galaxy  of 
legal  talent,  the  New  York  City  Bar  Association — and  isn't 
he  the  Senior  Warden  of  the  Vestry  of  that  most  sacrosanct 
congregation — which  Vestry  is  composed  entirely  of  law 
yers?  Advocate!  I  should  say  Spink  was  an  advocate!" 

Spink:  "A-hem,  A-hem.  My  dear  Mr.  Blettermole, 
permit  me  to  observe,  that  I  have  been  forced  more  than  once, 
in  the  course  of  our  business  relations,  to  curb  your  bounding 
wit  when  directed  against  my  religious  proclivities.  My  re 
ligion  is  something  entirely  aside  and  apart  from  my  work — " 

Blettermole:     "I  should  say  it  was!" 

Spink:  "Be  good  enough  to  permit  me  to  conclude.  As 
I  was  about  to  observe,  my  religion  is  something  quite  apart 
from  my  work — and  I  cannot  permit  even  a  client  for  whom, 
socially,  and  otherwise,  I  have  so  profound  a  regard  as  I 
entertain  for  Mr.  Winston  Blettermole  and  his  charming 
wife — one  of  the  reigning  queens  of  the  Four  Hundred — to 
make  light  of  the  most  serious — the  most  sacred  thing  to  me 
on  earth — " 

Blettermole:  "Pardon  me,  Spink.  I  shall  not  offend 
again." 

Spink:  "To  conclude  rapidly  my  plan  for  the  perma 
nent,  forcible  retirement  for  life  into  obscurity,  of  that  vig 
orous  and  gifted  personality,  Mr.  Hugh  Stutfield,  of  Vir 
ginia  and  New  York.  My  scheme  will  sequester  Stutfield, 
sequestrate  his  entire  estate,  and — to  cap  the  delicious  climax 
— one  of  the  law  partners  of  one  of  the  most  prominent  mem 
bers  of  the  Board  of  Governors — so-called — of  'Fairdale'  Pri 
vate  Insane  Asylum,  shall,  by  the  act  of  a  certain  New  York 
Supreme  Court  Judge,  whose  ear  I  have — as  we  lawyers  say — 
be  appointed  the  sequestrator  of  Stutfield's  superb  estate  of 


30  ROBBERY     UNDER     LAW 

some  five  million  dollars,  while  brother  Stutfield  is  wearing 
out  his  vitality  and  indignation  behind  the  bars  of  'Fairdale' 
on  a  charge  of  being  a  dangerous  lunatic — a  maniac  with  sui 
cidal  and  homicidal  tendencies — said  charges  to  be  preferred 
by  the  gentlemen  here  present — Mr.  Winston  Blettermole  and 
Mr.  James  Lawless — the  former,  as  his  nearest  blood-relative 
and  heir-at-law,  the  latter  as  his  'best  friend,'  as  we  term  it 
in  law — " 

Lawless:  "Permit  a  momentary  interruption  of  your 
most  interesting  and  instructive  dissertation,  Mr.  Spink — but 
the  idea  of  my  being  under  any  conceivable  circumstances 
the  'best  friend' — or  any  kind  of  a  friend — to  the  tenth  degree 
removed,  if  there  is  such  a  thing — of  Mr.  Hugh  Stutfield, 
is  far  from  bad.  Indeed,  very  far  from  bad." 

Spink:  "I  agree  with  you  absolutely,  there,  Mr.  Law 
less.  But  the  law,  you  know,  does  not  inquire  too  curiously. 
The  law,  you  know — for  a  lawyer  who  really  understands  its 
profound  principles  and  is  not  a  mere  case-chaser  a  mere 
authority-hunter,  but  stands  upon  and  defends  before  more 
or  less  unlearned  and  superficial  judges — while  there  are  noble 
exceptions — as  the  vast  majority  of  judges  undoubtedly  are — 
defends  and  stands  upon  the  eternal  principles  of  the  law — 
for  such  a  lawyer  the  law  is  the  most  marvellous  engine  for 
achieving  objects,  contrary  to  the  law — contrary  to  equity — 
contrary  to  justice,  and  contrary  even  to  common  sense, 
conceived  by  a  mind  less  dazzling  than  that  o\f  his 
Majesty  'himself.  Fortunately  for  the  peace  of  society,  there 
are  very  few  such  lawyers,  and  therefore  the  power  /or  ill  of 
the  law  is  a  closed  book  to  the  slothful,  ignorant,  ambition- 
less  gamblers  who  make  up  the  rank  and  fie  of  my  august 
profession — men  for  whom  I  have  about  as  much  respect  as 
a  wolf  has  for  a  herd  of  sheep." 

Lawless:  "The  New  York  City  Bar  Association  would 
be  highly  edified,  my  distinguished  counsel,  at  your  above 
obiter  dicta" 

Spink:  "Ah,  my  distinguished  client,  you  are  very  right 
there — very  right  there.  But  you  should  differentiate  and  ut 
terly  bar  apart — as  much  so  as  sheep  from  goats — my  remarks 
before  that  dignified  as=embla<re.  the  New  York  City  Bar  As 
sociation,  and — and  my  millionaire  clients  about  to  engage  in  a 


ROBBERY     UNDER     LAW  31 

war  with  a  brother  millionaire — who  for  audacity  and  fertility 
of  resource  is  a  foeman  worthy  of  our  steel." 

Constantia:  "Bravo!  Mr.  Spink.  You  fire  my  imagina 
tion — this  is  the  Age  of  Gold — if  not  the  Golden  Age — and  it 
is  right  that  in  such  an  age,  millionaires — the  historical  heirs 
of  the  Barons  of  old — should  war  upon  one  another.  I  shall 
assuage  the  qualms  of  my  conscience  by  murmuring  to  my 
self  'All's  fair  in  love  and  war7  and  The  Beetle  af  the  Mil 
lionaires  is  now  on!" 

Spink:  "Brava!  My  fair  client.  Brava!"  (Aside  to 
Lawless) .  "Gad !  That  was  a  lucky  shot  of  mine — she's  ours 
from  now  on — mark  my  words  we'll  have  no  more  backing 
and  filling  upon  Constantia  Blettermore's  part — but,  on  the 
contrary,  the  iron  will  and  inflexible  purpose  of  a  Lady  Mac 
beth."  " 

Lawless :  "By  Jove !  I  believe  you're  right.  My  f elicita  • 
tions." 

Spink:  (Aloud).  "There's  nothing  more  to  be  un 
folded  of  this  most  warlike  and  romantic  mediaeval  plot — 
not  another  solitary  word.  Trust  me  to  look  to  the  details — 
it  would  take  off  the  cream  from  your  interest,  Mrs.  Bletter- 
mole,  were  you  to  know  it  all  on  the  very  brink  of  the  in 
ception  of  hostilities.  No.  Be  advised,  and  permit  me  to  de 
velop  my  work  before  your  eyes — as  though  you  were  a  spec 
tator  in  a  theatre — who  was  unaware  of  the  turnings  and 
windings  of  the  sufficiently  tortuous  and  devious  plot  upon 
the  boards." 

Constantia:  "The  only  objection  I  see  to  your  deeply 
laid  and  superbly  prepared  plot,  Mr.  Spink,  is  its  absurdity." 

Spink:     "Pardon  me,  I  do  not  quite  catch  that." 

Constantia:  "The  only  objection  I  see  to  your  deeply 
laid  and  superbly  prepared  plot  is  its  absurdity." 

Spink:  "You  amaze  me,  Madam.     My  plot  absurd  f1 

Constantia:  "The  most  absurd  I  ever  heard,  to  be  as 
sound  and  thoroughly  prepared — outside  of  its  absurdity." 

Spink:  "Please  oblige  me,  Madam,  by  naming  a  few  of 
the  absurdities." 

Constantia:  "With  pleasure.  First,  no  man  in  the 
United  States — I  except  no  one — has  given  such  infallible 
proof  of  reasoning  power  of  the  highest  order  as  has  Mr. 


32  ROBBERY     UNDER     LAW 

Stutfield,  in  his  legal  work  before  referred  to.  One  of  the 
leading  lawyers  in  New  York  said  to  me:  'Mrs.  Blettermole, 
your  cousin  has  revived  the  Lost  Art  of  Reasoning  in  his  dis 
quisition  on  the  right  to  trial  by  jury  as  the  sine  qua  non,  the 
essence  of  due  process  of  law  as  laid  down  in  the  Constitu 
tion  of  the  United  States  and  supported  by  Blackstone  and 
Magna  Charta :  it  is  the  most  masterly  piece  of  pure,  scientific, 
syllogistic,  Aristotelian  reasoning  ever  put  forth  by  a  citizen 
of  the  United  States,  since  the  United  States  existed.  There 
is  not  a  Professor  of  Logic  in  any  University  in  the  United 
States  to-day — or  anywhere  else — on  earth — to-day,  for  that 
matter — who  could  carry  pure  argument  to  the  Andean,  the 
Himilayan  heights  of  Thought  he  has,  for  the  reason  indicated 
above,  he  has  revived  a  Lost  Art — in  a  word,  the  Aristotelian 
Method,  once  the  glory  of  the  Universities  is  now 
swept  aside  in  the  speed  of  modern  mechanical  con 
trivances,  and  THOUGHT,  which  rules  the  world, 
is  forced  to  take  a  back  seat.  The  Admirable 
Crichton  could  have  done  it.  and  Professors  of  Logic 
at  Padua,  Cordova,  and  the  Sorbonne  could  have  done  it.  for 
they  were  trained  to  use  that  marvellous  scientific  guide  and 
only  guide  to  correct  Logical  Reasoning  in  their  daily  work — 
whereas  not  a  man  on  earth  to-day  thinks  of  opening  a  Text- 
Book  on  Logic  from  the  day  he  secures  his  sheepskin — the  day 
he  gets  his  diploma.  The  consequence  is  th(tt  Judges  are  the 
laughing  stork  of  Logicians.  Thus.  A  Judge  dare  not — and 
never  does,  unless  compelled  by  practice  or  statute  to  do 
BO — give  a  reason  for  his  opinion.  The  reason  is  as  follows. 
The  following  instance  is  cited  in  Jevon's  Higher  Logic.  A 
certain  wary  old  English  Judge  spoke  as  follows  to  a 
lawyer  just  appointed  by  the  Crown  to  a  judicial  position  in 
Jamaica :  'My  friend  never  by  any  chance  do  you  dare 
to  state  a  reason  for  your  opinion.  For  the  following  rea 
son.  Your  opinion  may — very  possibly,  even  probably,  will — be 
right — whereas  your  reason  for  giving  it  will  invariably  be 
wrong.'  Rather  droll  comment  by  a  man  like  Jevons — the 
author  of  the  modern  Text-Book  in  use  in  all  Universitise  em 
ploying  English,  on  both  sides  the  Atlantic.  This  fatal  flaw 
in  modern  education — this — he  used  too  strong  a  word  for  me 
to  repeat — abominable  slaughter  of  the  Aristotelian  Method 


ROBBERY     UNDER     LAW  33 


of  Reasoning,  is  the  cause  of  ninety  per  cent,  of  the  ignorant 
and  fallacious,  vain  and  foppish  opinions  from  the  American 
Bench — I  except  only  the  Supreme  Court  of  the  United 
States.'  Thus  spoke  the  lawyer. 

Spink:  "Powerfully  put,  my  fair  client — with  your  per 
mission,  Mr.  Blettermole — my  fair  Portia.  And  I  say  'Amen' 
to  both  premises,  namely,  that  Mr.  Stutfield  is  a  Logician  with 
out  a  peer  in  the  United  States  to-day,  and  that  the  average 
American  Judge  is  a  Sophist  without  a  peer  in  the  United 
States  to-day.  But  what  has  that  to  do  with  the  case?  It 
i*  no  more  essential  or  necessary  that  a  man  should  be  In-sane 
in  order  to  imprison  him  for  life  on  a  charge  of  Insanity,  in 
forty  per  cent,  of  the  States  and  Territories  of  the  United 
States  to-day,  than  it  is  that  he  should  have  red  hair — that 
he  should  l)e  red-headed" 

Constantia:  "In  that  extraordinary  event,  I  have  noth 
ing  farther  to  say  except  'So  be  it' — with, .of  course,  the  con 
sent  of  these  gentlemen." 

Blettermole :     "O.  K.  for  me." 

Lawless:  "I  agree,  provided  one  sole  thing.  You  know, 
Blettermole,  that  the  only  reason  I  came  into  this  thing  was 
to  free  my  field  of  the  only  dangerous  rival  to  Viola  Caris- 
ton's  hand  that  has  ever  entered  it — namely,  Stutfield.  Your 
secret  is  safe  with  me;  and  if  the  condition  I  now  am  about 
to  name  is  not  fulfilled,  and  I  am  forced  to  withdraw,  all 
you  will  have  to  do  will  be  to  hunt  up  another  'best  friend' 
from  among  Stutfield's  worst  enemies  to  take  my  place,  and 
the  trick  will  be  turned.  Don't  look  so  black,  Blettermole. 
And  you,  Spink,  reserve  your  sarcastic  smile  till  you  hear. 
Perhaps  my  condition  will  prove  no  barrier,  but  by  Gad !  an 
added  incentive  to  my  zeal  to  join  with  you  to  the  bitter  end. 
I  shall  propose  once  more  to  Miss  Cariston  upon  her  return 
this  afternoon — she's  expected  any  moment  now.  If  she  ac 
cepts  me — which  is  damnably — pardon  me  that  slip  of  the 
tongue,  Constantia — doubtful — I  withdraw.  If  not,  I'm  with 
you  to  the  death. 

Blettermole:     "Agreed." 

Constantia :     "Agreed." 

Spink:     "Agreed." 

Lawless:   "Many  thanks.     Now   there's  going  to  be  no 


34  ROBBERY     UNDER     LAW 

Romeo  and  Juliet  business  about  my  venture  in  the  Field  of 
Love- — presumably — in  a  few  minutes.  I'm  neither  in  the 
mood  for  Romeo's  part,  nor  is  there  occasion.  Romeo's  part 
will  very  well  keep.  I  shall  make  occasion  to  see  Miss  Caris- 
ton  privately  upon  her  return  from  riding  and  promptly  pro 
pose.  Whereupon,  she  will  either  refuse  or  accept  me.  I've 
been  there  before — she  does  not  dilly  dally  over  the  cere 
mony  of  decapitating  rejected  suitors — 

Constantia :  "Viola  is  a  dear  girl,  and  my  very  best  and 
sweetest — and  one  of  my  oldest — girl  friends  on  earth;  I'd 
have  you  understand,  James,  and  I  cannot  and  will  not  per 
mit  even  a  breath  against  her." 

Lawless:  "My  dear  Constantia,  I  hadn't  the  faintest 
idea  of  breathing  so  much  as  a  syllable  against  the  woman  I'm 
risking  my  soul  for — if  I  have  a  soul,  which  at  times  I  very 
much  doubt — " 

Constantia:    "You  stand  excused." 

Lawless:  "If  she  accepts  me,  all  well  and  good.  Mr. 
Spink  can  hunt  up  another  'best  friend.'  If  she  refuses,  I  re 
turn  with  you  in  your  car  to-night,  and  hostilities  begin  to 
morrow  in  the  offices  of  Belisarius  P.  Spink.  Esq.,  attorney 
and  counsellor,  Wall  street,  New  York.  I  shall  deputize  you, 
Constantia,  as  my  fair  ambassadress  with  Miss  Cariston — I 
trust  to  your  woman's  tact  to  get  her  to  me,  and  keep  Cap 
tain  Cariston  off,  and  herd  these  men  in  the  library  for  the 
five  minutes  necessary  for  me  to  learn  my  preliminary  fate — 
for  my  real  fate  will  not  be  in  issue  until  Stutfield  has  been 
put  out  of  the  way — then  I  shall  lay  siege  to  her  hand  in 
true  style." 

Constantia:  "With  pleasure.  James.  And  whatever  the 
prayers  of  a  poor,  sinful,  temptation-tossed  mother  like  me, 
are  worth  are  at  your  disposal." 

Lawless:  "I  thank  you,  Constantia,  from  my  heart." 
(Kisses  her  hand). 

(The  light  has  been  gradually  lowering  till  it  is  now 
dusk.  Spink  goes  to  the  fireplace  and  pokes  the  logs.  A 
bright  blaze  bursts  up.  As  he  does  so,  the  door  opens  and  in 
walks  Viola,  followed  by  Captain  Cariston,  in  riding  cos 
tume.  He  is  a  rather  tall,  slender  man  with  grizzled  mous 
tache  and  imperial — short  imperial — with  acquiline  features 


ROBBERY     UNDER     LAW  35 

and  erect,  military  but  courteous,  but  non-pompous,  non- 
exaggerated  bearing.  Viola  is  dressed  in  a  ball  gown  in  the 
style  of  1887.  In  other  words  decolletee  but  without  the  un 
sightly  and  hypocritical  gauze  fringe  or,  so  to  speak,  panta 
lets — which  nowadays  shroud  the  outline  of  the  bust  as 
though  it  were  a  shameful  thing:  while  throwing  into  relief 
the  armpits  and  navel — or,  at  the  very  least,  near-navel  of  the 
lady.  We  are  Pro-Allies  to  the  last  degree,  in  the  present 
European  unpleasantness;  but  we  do  earnestly  wish  that  bet 
ter  men  may  be  spared,  and  that  German  bullets  may  find 
a  lodgment  in  the  degraded  and  degenerate  carcasses,  as  re 
gards  taste  in  female  apparel,  at  least,  of  Paul  Poiret  and 
the  rest  of  his  Pirate  Crew — the  balance  of  the  randy  French 
men  who  bedeck  our  dames;  so  that  they  make  a  man-about- 
town  think  of  a  group  of  soiled  doves,  "sitting  for  company" 
in  the  parlour  of  a  "sporting-house,"  upon  glimpsing,  a  bevy 
of  society  maidens  and  matrons  at  the  opera,  or  other  social 
function,  nowadays.) 

Viola:     "Connie!" 

Constantia:     "Viola!" 

(They  hurriedly  move  towards  each  other  and  embrace 
affectionately. ) 

Viola:  "I  slipped  this  dress  on  to  save  dressing  twice, 
after  my  ride  with  Papa — since  I'm  booked  to  a  ball  at  the 
Country  Club  to-night." 

Constantia:  "How  well  you're  looking,  dear.  I  haven't 
seen  you  since  the  Patriarch's  in  January — " 

Captain  Cariston :  (After  shaking  hands  with  the  men, 
and  later,  Mrs.  Blettermole) .  "How  d'ye  do,  gentlemen.  De 
lighted  to  welcome  you  to  'Elsinore.'  How  do  you  do,  Mr. 
Lawless,  and  you,  Mr.  Blettermole?" 

Lawless :  "Permit  me  to  introduce  to  you  a  legal  friend 
of  mine,  Mr.  Belisarius  P.  Spink,  of  the  Metropolitan  bar." 
(Captain  Cariston  and  Spink  shake  hands). 

Constantia:  "Now  I  want  you  to  show  me  once  more, 
and  particularly  Mr.  Spink,  those  old  Shakspeares  you  have — 
the  folio  edition  that  has  been  in  your  family  for  ages — " 

Captain  Cariston:     "With  pleasure." 

(They  start  out,  and  Lawless  catches  Viola's  eye  and 
makes  a  slight  motion  with  his  right  hand — the  others  all 


36  ROBBERY     UNDER     LAW 

studiously  avoid  looking  at  Viola  and  Lawless.     She  under 
stands  and  says)  — 

Viola:    "Mr.  Lawless  and  I  will  join  you  in  the  library." 

(So  soon  as  the  door  closes,  Lawless  says  gravely,  as  he 
leads  Viola  towards  the  sofa — the  room  is  still  only  lit  by 
fire-light). 

Lawless:  "Viola,  I  seized  this  opportunity  because  I 
am  called  to  New  York  to-night,  on  Blettermole's  car — 

Viola:  "Why,  James,  I  thought  you  were  going  to  be 
with  us  for  several  days  longer,  and  dance  with  me  at  the 
ball  to-night." 

Lawless :  "I  may  dance  with  you,  after  all — I  may  throw 
up  this  vitally  important — or  rather  very — almost — vitally 
important  matter.  It  all  rests  with  you." 

Viola:  (Gravely).  "I  trust,  James,  that  it  is  in  my 
power  to  grant  what  you  desire — " 

Lawless:    "It  is  utterly  and  absolutely  so." 

Viola:  (Unconsciously  drawing  slightly  away  from 
him).  "Let  me  hear  it." 

Lawless:    "Your  hand." 

Viola :  "Oh !  James,  I  am  so  sorry — you  know  how 
much  I  admire  your  brilliant  mind,  and  cool,  calm  person 
ality.  But.  as  I  have  told  you  once  before,  a  man  of  your 
temperament  can  never  be  my  husband." 

Lawless:     "And  why  my  temperament?" 

Viola:  "Not  to  be  too  pointed,  because  you  are  too  cool 
and  off-hand,  and  utterly  unenthusiastic — not.  to  be  perfectly 
fascinating  to  many,  many  women — which  a  little  bird  has 
told  me  you  have  been  and  still  are — but  out  of  the  question 
for  poor  little  me.  You  see.  I  am  so  constituted  I  must  have 
enthusiasm  in  a  man — \Voila  tout" 

Lawless:  "If  that's  all  you  want,  I  can  be  as  enthusi 
astic  as  the  freshest  tyro  in  the  Bowers  of  Love  you  ever 
dreamed  of." 

Viola:  "But  in  that  very  unusual  event,  James,  you 
would  be  acting." 

Lawless:  "So  be  it.  I  take  my  conge.  Do  not  think  I 
part  in  anger.  I  firmly  believe  I  shall  win  you  in  time. 
Good  night,  and — for  the  present — good-bye,  Viola,  good-bye. 
With  your  permission,  may  I  kiss  your  hand  ?" 


ROBBERY     UNDER     LAW  37 

Viola :  "Certainly,  James.  You  know  I  will  always  care 
for  you  as.  and  value  you  as  one  of  my  most  valued  friends." 

Lawless:  (Kissing  Viola's  hand)  "May  the  Gods  forbid!" 

(They  leave  the  room  together.  The  door  opens  shortly 
thereafter  and  enter  Stutfield,  in  evening  dress,  with  a  pair 
of  saddle-bags  over  his  arm.  Stands  leaning  on  mantel 
piece). 

Stutfield :  "As  close  a  shave  as  I  care  to  experience ! 
Phew !  As  soon  as  I  drove  in  on  one  side  of  the  oval  before 
the  house,  the  Blettermole  gang  and  that  crafty  rascally  but 
deeply  learned  shyster,  Belisarius  P.  Spink,  Esq.,  attorney 
and  counsellor  and  pillar  of  the  bar  of  Manhattan  Island, 
with  his  hopeful  client,  that  cold-blooded  rogue  and  delicate 
debauchee,  Mr.  James  Lawless,  multi-millionaire,  drove  out 
on  the  other.  A  close  shave,  indeed.  The  moon  came  out 
from  behind  a  cloud  and  shone  full  in  their  faces  in  the  open 
carriage — they  saw  me,  and  I  saw  them — " 

(Door  opens,  and  Viola  enters). 

Viola:     "Hugh!  You  here?" 

Stutfield:  "Yes,  darling.  I  slipped  into  the  house  after 
the  others  left,  and  slipped  a  quarter  into  Wash's  hands  to 
keep  'mum,'  and  get  you  in  here  at  once  by  hook  or  crook — " 

Viola :  "Oh !  I  see  now  the  cause  of  Wash's  mysterious 
looks  and  words.  He  said:  'Miss  Vi,  Mr.  Lawless  tol'  me 
befo'  he  leff  to  ax  you  partickler,  Miss,  to  go  in  de  drawin' 
room  an  stan'  befo'  de  fire  for  a  minute,  tell  you  foun'  a  note 
he  leff  for  you  under  de  clock  on  de  mantelpiece — ' ': 

Stutfield:  "Good  for  Wash — he  's  got  the  imagination 
of  a  darkey,  all  right.  Now,  dearie,  just  slip  out  and  see  the 
Captain  and  tell  him  I  have  important  business  with  you, 
that  won't  brook  delay  and  will  not  long  detain  you  from 
dinner — possibly  dinner's  not  impending  immediately — " 

Viola :    "It  is  not." 

Stutfield:  "Good!  I'll  only  detain  you  about  fifteen  or 
twenty  minutes." 

Viola:  "Then  you  must  stop  to  dinner,  and  go  to  the 
ball  with  us  after." 

Stutfield:  "Delighted — provided  you  will  honour  me 
with  a  dance — in  fact — the  majority  of  them." 

Viola :    "With  pleasure." 

449014 


38  ROBBERY     UNDER     LAW 

Stutfield:  "Now  that  I've  protected  my  lines — as  they 
say  in  military  parlance — I'll  do  what  I've  not  had  time  to  do 
before."  (A  pause). 

Viola:     "And  what  might  that  be,  my  dear  Hugh?" 

Stutfield:  "That  might  be  almost  anything — speaking 
by  and  large — but  it  happens  to  be  but  one  thing — and  that 
is  kiss  you,  my  precious  sweetheart."  (They  embrace). 

"Now,  darling,  please  post  the  pickets  with  the  Captain 
so  that  we  shall  not  be  interrupted." 

Viola:    "I  sha'nt  be  a  moment,  Hugh." 

(Stutfield  sits  down  and  gazes  thoughtfully  at  the  saddle 
bags). 

Stutfield:  "One  hundred  thousand — two  hundred  thou 
sand—" 

(Enter  Viola). 

Viola :  "It's  all  right,  darling.  Papa's  immersed  in  some 
papers  connected  with  his  live-stock — you  know  this  is  a  three 
thousand  acre  stock  farm,  and  he  raises  beef  for  the  Northern 
market — we  have  very  fine  corn  and  grazing  land — blue 
grass — and  it's  his  delight.  He  won't  budge  till  we  go  to  him." 

Stutfield:  "Good.  Now  my  angel  darling — "  (kissing 
both  her  hands  and  putting  his  arm  around  her  and 
taking  both  her  hands  in  his  left  as  they  seat  them 
selves  on  the  sofa)  "what  I  am  about  to  say  sounds 
more  like  the  Arabian  Nights  or  Monte  Cristo  and  'The 
World  is  MineT  with  that  supremely  good  romantic  actor. 
James  O'Neil,  in  the  role,  than  anything  you  ever  heard  of 
in  modern  life.  I  should  like  nothing  better  than  to  sit  here 
and  fondle  and  caress  your  lovely,  bewitching  self  for  the 
next  twenty  minutes.  But  I  have  matters  more  unattractive, 
but — now  that  I'm  your  accepted  suitor,  and  the  engage 
ment  known  only  to  you  and  me,  and  to  be  announced 
shortly — more  important.  It  is  this.  You  know  that  I  am 
a  student  ever  since  my  Columbia  University  days  in  old  New 
York,  of  Psychology  and  fExperimental  Psychology  at  that. 
Now  I  am  going  to  tell  you  a  secret.  I  am  what  they  call, 


tThe  statements  concerning  Experimental  Psychology  found  above 
are  taken  almost  verbatim  from  the  "Statement  by  Dr.  Horatio  Curti* 
Wood.  Deo.  1O,  19OO,"  found  on  pages  68-73,  inclusive,  of  "Four  Yearn 
Behind  the  nar*  of  Rloomlnfrdale,"  Dr.  Wood  being  one  of  the  Plaintiff's 
alienists  in  the  case  of  Chaloner  against  Sherman,  being  at  said  date  Pro 
fessor  of  Nervous  Diseases  in  the  University  of  Pennsylvania. 


ROBBERY     UNDER     LA/W  39 

vulgarly,  a  Clairvoyant — the  sort  of  thing  generally,  if  not 
always — of  your  charming  sex — nearly  always  women — you 
see  advertised  in  the  Sunday  'Herald'  and  even  week  day 
'Herald'  not  to  say  'World,'  'Sun,'  'Tribune,'  'American,' 
'Globe,  and  'Telegraph'  to  name  but  a  handful  of  the  big 
New  York  dailies.  I've  never  been  to  one,  but  I  know  people 
who  have — I  don't  believe  in  them — if  they  were  bona  fide 
clairvoyants  they'd  make  more  money  on  their  own  account 
than  pretending  to  mind  other  peoples'  business  for  them.  To 
resume.  Not  a  human  being  knows  of  this  faculty  of  mine 
but  you.  For  one  reason  because  I've  been  investigating  it 
secretly  until  I  could  produce  results  worth  while  giving  to 
the  scientific  world  in  book  form — you  know  that  I  am  a 
Master  of  Arts  as  well  as  a  Bachelor  of  Arts — " 

Viola:     "I  knew  that,  Hugh." 

Stutfield:  "I've  been  at  work  on  this  thing  for  three 
years  and  am  only  at  the  outer  door  of  the  mysteries  of  the 
human  mind — the  normal  human  mind.  I  cannot  go  into  a 
trance  or  even  a  trance-like  state  as  yet — such  as  these  Clair 
voyants  do — they  don't  go  to  sleep,  but  lie  back  in  a  chair  and 
in  a  dreamy,  slow  voice  speak  at  the  instigation  of  their  Sub- 
consciousness.  I  can't  do  that  as  yet.  But  I  may  do  so  in 
time.  What  I  can  do  is  just  this,  and  that  is  why  I  am  here 
contrary  to  all  the  rules  of  Hoyle,  with  a  rival  in  the  house — 
or  I  thought  was  here  when  I  came — but  I  was  bound  to  see 
you — but  alone,  of  course — so  it  made  no  difference  to  me 
whether  Lothario  Lawless — my  nick-name  for  him — whether 
the  gay  Lothario  were  here  or  no.  Now  here's  the  point. 
I've  got  Intuitions — or  Premonitions — down  to  so  fine  a  point 
— finer  than  those  recorded  in  any  of  the  scientific  works  on 
Psychology,  even  including  The  Society  for  Psychical  Re 
search  of  England,  of  which  Professor  William  James,  Pro 
fessor  of  Psychology  at  Harvard  was  once  President,  as  well  as 
Arthur  Balfour,  late  Premier  of  Great  Britain,  and  Sir  Wil 
liam  Crookes,  inventor  of  Crookes'  Tubes — without  which  there 
would  be  no  X-Ray — I've  got  it  down  so  fine  that  I  can  tell 
for  twenty-four  hours  in  advance  whether  I  am  going  to  have 
good  luck,  bad  luck,  or  'nothing  doing'  good  or  bad.  Now, 
this  is  done  thus.  When  I  wake  in  the  morning  I  take  ac 
count  of  stock  the  instant  I  recover  consciousness.  I  ask  my- 


40  ROBBERY     UNDER     LAW 

self  how  I  feel — I  don't  mean  physically — for  I'm  a  very 
moderate,  careful  liver  and  always  wake  up  feeling  physi 
cally  the  same — O.  K.  that  is  to  say — but  how  I  feel  as 
regards  my  spirits — am  I  depressed — exhilarated — or  neither 
one  nor  the  other,  just  a  flat  calm.  If  I  feel  exhilarated — 
three  years  carefully  kept  written  record  proves  that  I  will 
surely  have  good  news  that  day — in  the  next  twenty-four 
hours — a  favorable  telegram  or  letter  will  surely  arrive,  or  a 
messenger  will  bear  me  a  favorable  message.  If  I  feel  de 
pressed  it  is  just  as  sure  as  'eggs  is  eggs'  that  a  bad  letter  or 
wire  will  arrive :  if  neither  hilarity  nor  depression,  that  noth 
ing  will  arrive  and  I  may  take  a  day  off  from  business.  I 
have  been  working  this  rabbit-foot  in  my  large  and  multi 
farious  business  affairs  to  the  Queen,  her  most  gracious  Maj 
esty's  taste,  for  the  past  year  or  more.  My  brother  Directors 
on  Boards  wondered  why  I  pursued  so  bold  or — on  occasion 
so  wisely — cautious  a  course,  fighting  for  the  control  of  each 
and  every  Board  I  am  on,  and  invariably  achieving  that  de 
sired  end.  But  I  did  not  oblige  them  by  informing  them. 
Now,  on  waking  this  morning  I  was  most  extraordinarily  de 
pressed.  You  know,  my  darling,  no  man  on  earth  has  more 
cause  for  heartfelt  joy  than  your  devoted  and  proud  accepted 
lover." 

Viola:    '•'•Dear  Hugh!"     (He  kisses  her). 

Stutfield :  "So  I  acted  accordingly.  Now,  I  am  not  able 
to  foretell — as  yet — the  future,  for  more  than  twenty-four 
hours.  Nor  am  I  able  as  yet  to  foretell  a  solitary  detail  there 
of  beyond  the  fact  that  something  good  is  going  to  occur — 
something  bad  is  going  to  occur — or,  lastly,  that  nothing  is  go 
ing  to  occur — good  or  bad — in  my  personal,  private  affairs  for 
the  ensuing  twenty-four  hours.  I,  of  course,  before  going  to  bed 
the  night  before,  know  whether  I  have  cause  to  wake  up  this, 
that,  or  the  other  way,  next  day — depressed,  exhilarated,  or 
neither — but  that,  of  course  "cuts  no  ice"  whatever.  It  is  en 
tirely  outside  and  beyond  known  and  recognized  causes  for 
exhilaration,  depression  or  stagnation  in  my  affairs,  that  these 
premonitions  or  intuitions  work.  /  can  by  them  foretell,  pro 
phesy,  or  what  you  will,  with  mathematical  accuracy — the 
accuracy  of  a  ship's  barometer,  which  foretells  within  twenty- 
four  hours  the  approach  of  the  hurricane,  or  the  change  of 


41 


the  hurricane  into  fair  weather — regarding  storm,  favoring 
gale,  or  calm,  in  my  private  affairs.  In  a  word,  I  am  a  hu 
man  barometer,  as  regards  one  sole  thing — namely — my  own 
personal  affairs — and  only  one  of  three  aspects  of  them,  name 
ly,  success,  threatened  difficulty,  or  'nothing  doing,  Mr.  Stut- 
field,  to-day.'  That  is  the  mysterious  and  highly  valuable  in 
formation  telegraphed  me — so  to  speak — on  waking  from  a 
distance  of  time  twenty-four  hours  removed  from  my  waking 
hour — by  my  Subconscious-ness.  An  extremely  useful  asset  I 
have  found  it,  Miss  Cariston — and  I  hereby  go  on  record  and 
stake  my  reputation  as  an  embryo  ^Clairvoyant — that  the  time 
will  come  when  you  will  admit  that  I  did  well  to  follow  the 
promptings  of  my  Subconsriousness  and  bring  these  saddle 
bags  here  to-night — absolutely  outside  and  beyond  the  reach 
of  any  judge — for  I  can  well  imagine  contingencies  when  it 
would  pay  me  to  go  to  jail  for  contempt  of  court  for  an  ex 
tended  period,  rather  than  divulge  the  whereabouts  of  so 
tempting  a  thing  as  their  contents." 

Viola:  "Do  they  contain  Aladdin's  Lamp,  Hugh?" 
Stutfield:  "Something  very  like  it,  my  child.  Now  to 
wind  this  weird  talk  up.  Here's  how  I  act  on  my  Premoni 
tions.  On  waking,  I  take  instant  account  of  stock  as  to  my 
feelings.  If  exhilarated,  I  push  sharply  all  plans  of  action 
made  before  going  to  sleep  the  previous  night.  If  depressed, 
I  ride  for  a  fall,  pull  in  my  horns,  fight  a  rear-guard  action. 
close  reef  my  sails — or  even  prepare  to  scud  under  bare  pol«~- 
before  the  storm.  Now  if  it  so  happens  that  I  have  no  im 
mediate  plan  of  action  I  carefully  scan  my  personal  horizon 
and  see  where  ill  chance  might  injure  me.  Instantly,  like  a 
ship  in  a  storm  I  make  for  port  with  whatever  might  be  in 
jured  by  ill  fortune.  That's  why  I'm  here  so  hastily  to 
night.  I  have  here  the  tidy  sum  of  two  million  two  hundred 
and  fifty  thousand  dollars,"  (touching  the  saddle-bags  with 
his  foot),  "in  these  good  old  saddle-bags,  twenty -two  hun 
dred  thousand  dollars  in  Government  bonds  and  the  balance 
in  cash — fifty  thousand  dollars  in  cash  in  one  thousand  dol 
lar  bank  notes,  neatly  tied  in  packets  of  ten  thousand  dollars 
each." 

Viola:    "Hugh!" 


42  ROBBERY     UNDER     LAW 

Stutfield:  "A  fact,  my  darling.  Now  give  me  a  sweet 
kiss.  A  kiss  for  two  million  and  a  quarter — " 

Viola:  (Putting  up  her  lips,  quietly).  "There.  Now 
why  is  all  this  money  here?" 

Stutfield:  "I  prefaced  this  interview  by  saying — you 
will  remember  my  darling,"  (kissing  her  two  hands,  still  held 
in  his  left  while  his  right  arm  still  encircles  her  waist)  ''that 
it  smacked  of  Monte  Cristo  and  the  Arabian  Nights." 

(Viola  smilingly  bows  assent). 

Viola :  "I  was  somewhat  struck  by  that  remark,  my  darl 
ing,  and  am  therefore  not  so  overwhelmed  with  surprise  at 
the  contents  of  those  saddle-bags  as  I  most  assuredly  other 
wise  would  have  been." 

Stutfield:  So  far,  so  good.  The  reason  for  this  extra 
ordinary  act  is  this.  This  is  the  result  of  a  sale  I  have  just 
put  through  of  a  patent  I  bought  for  about  sixty  thousand 
dollars,  some  five  years  ago.  I  saw  the  possibilities  in  it.  It's 
what  they  call  a  'basic  patent,'  which  means  an  elementary 
new  principle  in  mechanical  devices,  as  the  original  sewing- 
machine  invented  by  Howe  was  a  basic  patent.  If  proper 
ly  covered  it  could  not  be  got  round  by  any  improvement 
whatever  for  the  seventeen  years  of  life  patents  have  to  run. 
Any  improvement  on  a  basic  patent  can  only  be  used  by 
paying  a  royalty  to  the  inventor.  Well,  I  met  the  inventor — 
an  honest,  amusingly  shrewd  and  original  real  genius — all 
basic  inventors  are  geniuses — and  backed  him  to  develop  the 
patent — which  then  looked  about  as  much  like  the  compact, 
graceful  thing  a  man  can  now  carry  in  his  waistcoat  pocket, 
as  a  mowing  machine  looks  like  a  lawn  tennis  racquet.  It 
was  cumbersomeness,  complexity,  and  clumsiness  itself.  But, 
pardon  my  saying  so,  I  am  something  of  a  judge  of  my  fel 
low  man,  and  spotted  Albert  Wedge — of  'Up  State'  New 
York — ns  an  original  genius,  and  therefore  capable  of  devel 
oping  the  patent  sufficiently  to  sell.  My  friends — some — not 
all — thought  I  was  a  damn  fool — excuse  me.  Viola,  that  slip 
ped  out- 
Viola  :  "You  are  excused,  my  dear." 

Stutfield:  "A  thousand  thanks.  Some  of  my  friends 
thought  I  was  a  fool  to  blow  in  sixty  thousand  dollars  on  an 
undeveloped  patent.  I  stuck  to  it  for  five  mortal  years,  and 


ROBBERY     UNDER     LAW  43 

spent  the  sixty  thousand  in  developing  it,  and,  at  last  was 
rewarded  by  Wedge's  out-Wedging  himself  and  producing 
something  so  supremely  simple,  cheap  and  easy  to  make,  so 
light,  and  of  so  small  compass  and  of  about  as  wide  a  market 
demand  as  the  world  holds,  namely,  an  attachment  for  the 
sewing-machine  by  which  the  needle  is  threaded  by  a  pressure 
of  the  foot—" 

Viola:     "The  needle  threaded  with  one's  foot."     (Laugh 
ing). 

Stutfield:  "Precisely — it's  an  open-eyed  needle  with  at 
slot,  and  the  thread  is  pushed  into  the  slot  by  a  simple  con 
trivance  every  time  the  needle  enters  the  goods  and  is  released- 
from  the  thread  the  instant  it  leaves  the  goods ;  thus  the  bore 
of  threading  the  needle  and  the  expense  of  breaking  needles 
by  bending  them,  by  inadvertently  pulling  the  goods  from, 
under  the  pressure-bar,  is  entirely  obviated — since  the  needle 
is  never  in  the  goods.  I  owned  ninety  per  cent,  of  the  stock  of 
the  company  buying  the  patent  to  develop.  So  after  five 
years  of  the  most  fearful  care  and  constant  anxiety,  I  have 
turned  my  sixty  thousand  dollars  into  two  millions  and  a 
quarter — not  bad  for  a  young  fellow  spending  most  of  his 
time  in  Paris,  and  pushing  Wedge  by  flying  visits  and  con 
stant  letters  and  cablegrams.  Wedge's  genius  pulled  me 
through — saved  the  day  and  my  sixty  thousand — and  I  now 
take  care  of  him  for  life.  Of  course,  like  all  inventors,  he 
had  sold  his  interest  early — before  I  got  hold  of  him — and 
for  a  song." 

Viola:  "I  should  say,  indeed,  not  at  all  bad,  Hugh,  for 
a  young  fellow." 

Stutfield :  "Thank  you  my  dear.  Only  a  few  days  ago  a 
London  syndicate  bought  the  entire  world-rights  of  the  pat 
ent  for  five  hundred  thousand  pounds,  or  two  million  five  hun 
dred  thousand  dollars.  They  handed  me  that  amount  which 
I  converted  pro  tem  into  Government  Bonds,  after  deduct 
ing  ten  per  cent,  or  a  quarter  of  a  million  dollars  for  the 
other  stockholders  in  the  patent — and  paying  the  same  over 
to  them — and  placed  the  two  million  and  a  quarter  in  my  fire 
proof  safe  at  'Rokeby'  to  await  investment;  and,  mark  your 
darling,  be  meanwhile  quite  out  of  the  highly  improbable 
but  possible  reach  of  absconding  bank  presidents." 


44  ROBBERY     UNDER     LAW 

Viola:    "It  certainly  sounds  like  the  Arabian  Nights." 

Stutfield:  ''With  this  difference,  my  darling.  It's  no 
dream;  but  two  million  and  a  quarter  of  the  good  'long- 
green.'  " 

(Viola  laughs  merrily  and  he  kisses  her  on  the  lips.  He 
then  goes  on)  — 

Stutfield:    "I  had  sold  forty  thousand  dollars  worth  of 
the  Self -Threading  Sewing-Machine  attachments,  in  the  first 
six  months  the  mechanism — in  its  final  perfected   form   by 
Wedge — was  ready  for  the  market.     We  booked  and   filled 
forty  thousand  dollars  worth  of  orders,  at  five  dollars  an  or 
der,  five  dollars  a  Self -Threader,  within  six  months  last  past. 
These  sales  were  made  without  going  outside  of  New  York 
City.  A  sewing-machine  drummer  or  sewing-machine  repairer 
was  given  a  grip-sack  full  of  1S.  TVs — Self -Threaders — and 
turned  loose  on  New  York.    They  are  as  simple  to  attach  to 
the  sewing-machine  as   any  other  attachment.     Hence   they 
went  like  hot  cakes — forty  thousand  dollars  culled,  reaped, 
garnered,  out  of  hard  old  New  York,  inside  of  six  months, 
and  not  one  dollar  for  advertising  agents,  traveling  expenses, 
or  even  salary.     We  gave  them  fifty  per  cent  on   the  first 
twenty-five  'S.  T.V  each  sold,  and  twenty-five  per  cent,  there 
after.    It  was  on  the  strength  of  this  marvellous  showing,  and 
the  basic  nature  of  my  patents — I'd  girdled  the  world — widv) 
scope  and  reach  of  patents — I'd  girdled  the  world — literally 
girdled  the  world  with  'S.  T.'  patents — it  was  on  the  strength 
of  the  quick  spot  cash  sales  of  'S.  T.',  the  strength  of  her  pat 
ents,  and  the  reach  thereof  that  clinched  the  deal  with  the 
big    British    Syndicate.      That's   capitalized    at    ten    million 
dollars,  and  is  going  to  make  things  hum.   My  darling,  I  de 
spise  a  man  that  exaggerates — a  man  that  exaggerates  is  sim 
ply  a  more  or  less  good-natured  non-malicious,  but  none  the 
less,  liar.  So  I  shall  recapitulate  the  countries  in  which  'S.  T.' 
is    covered     by     patents.       The     whole     of     Europe — down 
to  so  small  a  country  as  Belgium  and  Switzerland.     All  of 
South  America,  Central   America,  and  Mexico — except  Pat 
agonia,  where  they  produce  ostriches — but  not  patents.     In 
dia,  China  and  Japan,  New  Zealand,  Australia  and   South 
Africa — winding  up  with  Canada  and  the  United  States." 
Viola:    "A  comprehensive  purview  of  the  world,  surely, 


ROBBERY     UNDER     LAW  45 

my  dear  Hugh — it  revives  one's  knowledge  of  geography  to 
go  over  the  list  of  «S.  T.'  " 

Stutfield:  "It  surely  does,  my  dearie.  The  handful  of 
other  stockholders  were  amazed  at  the  scope,  and  the  thou 
sands  of  dollars  it  required  yearly  to  keep  patents  alive 
throughout  the  world,  but  they  were  confident  of  my  business 
judgment,  and  now  are  rewarded.  Now,  to  wind  up  this  un 
usual  interview,  and  go  in  to  dinner.  My  reason  for  doing 
this  extraordinary  thing — bringing  two  and  a  quarter  mil 
lions  in  securities  and  cash  to  you  by  night,  in  a  pair  of  sad 
dle-bags,  in  Government  bonds  and  bills — is  briefly  as  follows. 
My  property  is  divided  into  three  divisions.  When  I  say  that  I 
ignore  for  the  moment  the  saddle-bags  and  their  interesting 
contents.  Division  One  is  the  largest.  It  lies  in  New  York. 
In  New  York  real  estate — all  on  Manhattan  Island,  and  all 
choice,  picked  parcels  of  land.  There  is  but  one  exception  to 
this — that  is  a  362  acre  villa  site  on  the  Hudson,  opposite  the 
Catskills,  in  the  township  of  Rhinebeck.  The  loveliest  and 
lordliest  view  of  mountain  and  river  on  earth — it  dwarfs  the 
magic  Rhine  even.  That  has  no  house  but  a  farm-house  on  it. 
My  father  bought  it  years  ago.  All  the  rest  of  my  property 
is  on  Manhattan  Island.  It  amounts  to  one  and  a  half  mil 
lion  dollars.  Of  this,  one  million  is  in  fee  simple — is  mine 
out  and  out.  The  balance  is  about  half  real  estate  and  half 
gilt-edged  securities — the  balance  is  in  trust,  and,  in  the  event 
of  my  death  without  issue,  goes  to  my  dearly  beloved  cousin, 
Winston  Blettermole,  the  only  relative  I  have.  Division  Two 
and  Division  Three  are  almost  exactly  equal  in  value.  Divi 
sion  two,  consists  of  five  hundred  thousand  dollars  worth  of 
real  estate  and  water-power  rights  on  the  Roanoke  river  in 
eastern  North  Carolina.  This  is  a  property  with  an  enor 
mous  prospective  value  when  the  South  comes  into  her  own — 
that  is,  becomes  the  cotton  manufacturing  centre  of  the 
United  States.  This  place  is  the  extreme  northern  limit  of 
the  cotton  belt,  so  no  one  can  cut  in  between  us  and  the 
Northern  markets.  Also,  besides  having  two  competing  rail 
roads — the  Atlantic  Coast  Line  and  the  Seaboard  Air  Line — 
which  salutary  fact  assures  low  freight  rates — it  is  within 
five  miles — five  miles  below  us.  on  the  Roanoke — of  water 
transportation — on  the  Roanoke  to  Norfolk — via  the  Dismal 


46  ROBBERY     UNDER     LAW 

Swamp  canal — and  thence  to  Europe.  Cotton  grows  up  to 
the  very  doors  of  the  mills  there,  is  ginned  on  the  spot,  and 
carried  into  the  mills." 

Viola :  "It  must  be  a  wonderful  sight  to  see  cotton  first 
grow  before  your  eves,  and  then  turn — before  your  eyes — into 
cloth." 

Stutfield :  "It  is  highly  interesting.  But  the  great  thing 
about  it  is  the  water  power,  which  does  away  entirely  with 
the  necessity  of  coal;  and  besides  saving  an  enormous  num 
ber  of  thousand  dollars  per  annum  in  coal,  puts  the  manu 
facturer  beyond  the  reach  of  slow  delivery  of  coal,  during 
strikes." 

Viola:  "I  had  no  idea  you  were  such  a  variegated  man- 
of-affairs,  Hugh.  I  knew  you  were  of  professional,  legal  and 
literary,  and  publicist  bent,  but  that  you  were  a  man-of -af 
fairs  of  such  world-wide  scope,  I  had  not  the  vaguest  idea." 

Stutfield:  "Very  probably,  my  dear.  I've  always  kept 
my  business  affairs  pretty  strictly  to  myself.  Lastly,  Division 
Three  consists  of  gilt-edged  securities  to  the  extent 
of  half  a  million,  tucked  a.way  in  several  large,  deep, 
and  commodious  safe-deposit  boxes,  in  the  vaults  of 
the  leading  Trust  company  in  Richmond.  When  I 
say  gilt-edged,  I  desire  to  qualify  that  statement  to 
the  following  extent.  I  do  not  mean  high-priced 
securities,  so  near  par  or  so  far  above  it,  as  to  loudly  pro 
claim  that  they  have  seen  their  best  days,  by  which  I  mean 
their  days  of  vigorous  growth.  In  a  word,  securities  which 
are  now  at — or  about  at — the  top  notch.  I've  no  particle  of 
use  for  such — no  use  on  earth.  Marshall  Field — a  merchant 
prince  for  whom  I  have  a  high  regard,  and  whom  I  know 
personally — Marshall  Field,  of  Chicago — than  whom  an  hon- 
ester,  'whiter,'  business  man  never  breathed — quite  different 
from  certain  other  of  our  hundred  million  dollar  million 
aires — for  that's  Marshall  Field's  figure — a  hundred  mil 
lion—Marshall  Field  once  said  to  me  after  dinner:  'Stutfield, 
the  stocks  you've  just  mentioned  are  too  high-priced  for  me — 
I  can't  afford  to  buy  them.  Tin  not  a  rich  enough  man  to  be 
able  to  afford  to  own  such  stocks.  The  stocks  I  buy  are  stocks 
that  are  sound,  but  are  around  thirty  or  thereabouts — have 
never  been  any  higher— and  have,  therefore  some  'come  out' 


ROBBERY     UNDER     LAW  47 

to  them — some  growth — some  development.  Some  day,  they'll 
reach  75  or  100.    Then  I'll  sell  them  and  buy  other  stock  at 
say  thirty  or  thereabouts.'     I   took  my  cue  from  Marshall 
Field — and  carefully  invested  half  a  million — taking  several 
years  to  do  it — in  vigorous  young  stocks — so  to  speak — and 
therefore  the  half  million  in  my  vaults  in  Richmond,  bids 
fair  to  be  a  million  or  more  one  of  these  days.    That  makes  a 
million  and  a  half  in  New   York;  a  half  million  in  North 
Carolina,  and  a  half  million  in  Eichmond,  Virginia — that  's 
two  millions  and  a  half.     Now  we  come  to  the  milk  in  the 
cocoanut — the  two   and   a  quarter  millions  in  these  saddle 
bags,  and  just  why  they  are  in  these  saddle-bags.     Here  's 
the  very  simple — if  very   unusual  reason,  my  darling.     For 
the  present  I  want  the  two  million  and  a  quarter  I  have  just 
brought  into  this  room   (slowly)   where — no — court — order — 
can — reach — it.    The  law  is  a  queer  thing.     In  the  hands  of 
learned  and  honest  judges  it  is  next  to  the  actual  personal 
presence  of  Jehovah — of  God  Almighty — on  earth — for  good, 
for  the  good  it  brings  about.     But,  on  the  other  hand,  with 
ignorant,  self-indulgent,  or  dishonest  judges,  it  is  one  of  the 
cruellest,  wickedest  and  most  Hellish  instruments  in  the  whole 
armoury  of  Hell.   Now,  when  I  met  you  on  horseback  yester 
day   afternoon — followed   by   your   groom — you   told   me — in 
answer  to  my  question — that  you  had  a  large  safe  of  your 
very  own — that  no  one  but  you  knew  the  combination  of,  I 
mean — for   the    safekeeping    of    your    splendid    Stradivarius 
violin — upon  which  I  desire  to  hear  you  play  one  of  these 
days — for  I  heard  in  New  York  that  your  tone  and  execution 
are  really  remarkable — quite  professional,  in  fact — " 

Viola:     "If  that's  so.  Hugh,  it's  the  result  of  my  two 

years  with  Mamma  and  Papa  in  Paris,  just  before  I  came 

out — two  years  under  the  great  French  master  Vieuxtemps." 

Stutfield:    "I   was  told,   my  dearie,  that   it   is   literally 

true — that  your  playing  has  a  passion  and  strength  joined  to 

a  delicacy  and  feeling  which  appears  to  join  the  two  sexes  as 

you  play,  and  give  masculine  force  and  feminine  tenderness." 

Viola :     "Again,  I  have  only  to  say,  my  dear  Hugh,  if 

that  is  so — thank  my  great  master." 

Stutfield :    "To  resume.    Now  I  want  to  get  into  that  big 
safe — not  personally — but  two  million  and  a  quarter  of  me — 


48  ROBBERY     UNDER     LAW 


to  do  that,  I  shall  have  to  ask  you  to  take  the  Strad.  out  and 
sleep  with  it  alongside  you,  so  that  in  case  of  fire  you  can 
escape  with  it — that's  the  only  possible  danger  in  this  quiet, 
peaceful  section  of  Virginia,  not  thieves  but — and  that  dan 
ger  no  greater  than  anywhere  else  in  the  county — fire.*' 

Viola:    "I  shall,  with  pleasure." 

Stutfield:  "Many  thanks,  indeed,  my  dear,  for  I  know 
how  you  value  that  violin.  Here  is  my  will  and  one  or  two 
other  important  papers  in  the  same  envelope.  In  my  will  I 
have  left  you  the  income  of  these  two  million  and  a  quarter. 
The  balance  of  my  property — bar  the  half  million  in  New 
York — goes  to  Educational  Institutions  when  my  estate 
vests.,  upon  your  death — that  is  to  say — and  another,  who 
with  you  form  what  is  called  in  law  the  cestuiquitrusts — the 
two  people  at  whose  death  property  left  in  trust  vests  or  is 
turned  over  to  the  heirs.  I  want  no  receipt  from  you,  my 
darling.  I  only  want  you  to  keep  this  money  till  I  can  have 
time  to  invest  it  in  something  in  neither  New  York,  Virginia. 
nor  North  Carolina,  so  that  I  may  have  an  entirely  new  set 
of  courts  ruling  the  money — for  the  Judges  are  our  Rulers — 
our  modern  Kings,  my  dear,  whatever  fustian-talk  ignorant 
politicians  may  vamp  up  about  this  being  a  Republic.  The 
courts  can  defend  or  destroy  your  property,  and  I  want  to 
have  as  large  and  varied  a  line  of  judges  bossing  my  goods 
as  my  property  is  large  and  varied.  Verbum  sap — a  word 
to  the  wise." 

Viola:  (Smiling).  "You,  a  distinguished  law-writer, 
appear  to  look  upon  the  judges  much  as  a  criminal  might — 
you  appear,  my  dear  Hugh,  to  be  afraid  of  them." 

Stutfield:  "Because  as  a  law-writer  I  know  their  igno 
rance.  I  am  afraid  of  them,  my  darling — of  their  ignorance, 
their  dishonesty,  or  their  favoritism  or  prejudice.  How  many 
judges  have  a  college  education  ?  It  varys  in  different  sec 
tions.  In  New  York,  for  instance — about  33  1-3  per  cent.,  at 
a  rough  estimate !  In  other  words  an  educated  client  or  suitor 
has  to  lay  his  case  before  an  inferior  "counsellor";  or  an  in 
ferior  garbed  in  ermine  and  throned  on  a  bench.  Should  said 
rule,  developed  further  on;  namely,  that  a  judge  must  possess 
not  only  a,  College  education,  but  the  only  possible  receipt — so 
to  speak — for  possessing  same — to-wit — the  degree  of  Bachelor 


ROBBERY     UNDER     LAW  49 

of  Arts — ever  become  general  it  will  work  havoc  with  such  a 
college  say  as  our  own  University  of  Virginia — founded  by 
our  own,  Albemarle  County,  Thomas  Jefferson  himself !  For  in 
that  splendid  institution  of  learning  the  short-sighted,  selfish 
and  cruel  rule  exists  by  which  every  degree  given  by  the  Uni 
versity  is  practically  an  honour  degree — by  which  I  mean 
the  percentage  required  to  get  the  degree  is  almost  as  great 
as  the  percentage  required  by  such  universities  as  Columbia 
and  Harvard  to  obtain  an  honour  degree.  This  is  all  wrong. 
There  should  be  an  honour  degree  and  a  degree  for  the  gen 
tleman  of  leisure  or  professional  man  not  after  honours,  but 
after  a  degree  from,  his  Alma  Mater.  The  consequence  is  that 
the  percentage  of  men  who  have  matriculated  at  the  Univer- 
s'tty  °f  Virginia  and  get  degrees  is  about  the  smallest  in  'the 
country.  The  average  student  of  the  University  of  Virginia 
never  dreams  of  taking  a  degree!  If  my  rule  comes  to  pass 
no  lawyer  would  ever  think  of  going  to  the  University  of  Vir 
ginia  for  a  college  education,  but  to  the  fine  Colleges  of  Wil 
liam  and  Mary,  and  Washington  and  Lee,  of  the  same  State. 
The  term,  'learned  judge'  is  in  every  sycophantic  lawyer's 
mouth — and  yet  the  infernal  rascals  know  that  they  lie  when 
they  use  the  term — because  why  ?  Because  Judges  are — bar  the 
rarest  exceptions — never  learned — they  are  as  ignorant  of  the 
law  in  the  case  as  any  shyster  lawryer  that  ever  bluffed  a  fee. 
Until  what  time?  Why  until  the  lawyers  have  taught  them 
what  the  law  in  each  given  case  is — by  their  opposing  briefs! 
The  judge  is  a  mere  student,  a  mere  law-student  to  the  law 
yer,  who  instructs  his  honour  in  the  premises.  I'll  tell 
you  all  that  the  so-called  "learned  judge"  dwindles  down  to — 
and  that  is  a  good  guesser — the  most  respected  judge  among 
lawyers  is  he  who  can  guess  best.  The  best  judge  is  the  best 
guesser!  The  judge  who  oftenest  guesses  right  which  side 
has  the  law  with  them, — as  shown  by  that  side's  lawyer's 
brief — is  the  most  respected  judge  in  the  legal  community's 
purview.  The  wise  remarks  you  read  in  judges'  opinions,  as 
well  as  the  learned  cases  cited,  are  bodily  copied  verbatim  from 
one  or  other  o>f  'the  lawyers'  briefs!  This  sounds  strange  but 
it  is  true.  I  am  divulging  a  professional  secret  in  lifting  this 
sombre  veil.  No  man  should  be  elevated  to  the  Bench  who 
has  not  received  a  college  education  from  a  reputable  incor- 


50  ROBBERY     UNDER     LAW 

porated  college.  Lawyers  may  he  admitted  to  the  har  on  a 
mere  common  or  high  school  education,  but  not  so  men  who 
have  the  power  of  life  or  death,  and  the  fearful  responsibility 
of  holding  the  scales  governing  property.  These  men  should 
boast  as  fine  an  education  as  the  Civilization  and  culture  of 
the  nation  affords,  then  would  the  slogan  'Learned  Judge* 
be  true." 

Viola:    "I  thoroughly  agree  with  you,  Hugh." 

(Stutfield  bows  his  acknowledgments). 

Stutfield :  "Any  lawyer  who  ever  hopes  to  qualify  him 
self  for  the  august  office  of  judge  should  be  forced  to  acquire 
a  college  education — by  which  I  mean  the  degree  of  Bache 
lor  of  Arts.  As  aforesaid — as  about — at  a  rough  guess — one- 
third  of  the  legal  profession  has  the  Bench  as  the  goal  of 
their  professional  ambitions,  consequently,  about  one-third 
of  the  legal  profession  of  practising  lawyers  will  be  well  edu 
cated — as  well  educated  as  their  clients  for  instance!  No 
man  could  hare  a  more  profound  admiration  and  respect  for 
the  mighty  office  of  judge,  than  your  devoted  lover,  my  darl 
ing — Jehovah  Jah  was  a  judge — Abraham  that  'mighty  man 
of  valour'  when  pleading  for  the  lost  inhabitants  of  Sodom, 
exclaims:  'Shall  not  the  judge  of  all  the  earth  do  right?' — or 
words  to  that  effect.  Jesus  Christ  was  a  lawyer.  He  is 
called  'Our  Advocate  with  the  Father,'  or  words  to  said  ef 
fect.  As  the  Judaic  law  was  a  canon  or  religious  law — the  law 
of  the  Rabbis,  the  law  of  Moses — Christ  in  arguing  with  the 
Rabbis  and  Scribes — who  were  lawyers,  had  to  be — proved 
himself  to  be  a  lawyer  of  the  highest  learning  and  dialectic 
and  forensic  skill.  Therefore  nothing  could  be  higher  than 
the  august  professions  of  Judge  and  Advocate !  It  ?.<?  the 
damnable  prostitution  of  these  God-like  offices  to-day,  which 
disgusts,  dismays  and  appalls  me.  Instead  of  a  judge  being 
selected  because  he  towers  above  his  brother  lawyers  for  the 
logic  displayed  in  his  briefs,  and  the  uprightness  of  his  con 
duct  of  a  case — the  absence  of  chicanery,  mendacity,  or  as  is 
but  alas!  too  often  the  case — flat  perjury  upon  the  part  of  his 
witnesses  industriously  trained  therein — after  having  been 
deeply  suborned — by  himself — instead  of  that  a  judge  is  a 
'good  fellow,'  a  'good  sort.'  a  'popular  man  in  the  profes- 
'sion:  always  kotowing — as  lawyers  always  do — to  a  brother 


ROBBERY     UNDER     LA<W  51 

lawyer,  always  hat  in  hand  to  one  another,  and  always  crawl 
ing  on  their  bellies  to  the  court — to  the  judge — and  cringing 
before  him.  Instead  of  being  an  honour  to  his  profession  the 
modern  judge  is  but  too  often  a  man  who  "stands-in"  with  the 
machine  and  has  a  powerful  political  pull — and  "stands-in" — 
in  New  York — with  the  malodorous  boss  of  Tammany  Hall — 
who  at  a  breath  can  unmake  any  judge  of  the  New  York  Su 
preme  Court,  as  by  said  bosses'  breath  said  judge  was  made. 
It  is  this  damnable  state  of  things  which  makes  me  despair  of 
the  future  of  this  country  •  and  see  our  government  burn  up 
as  a  scroll  in  the  fires  of  the  Day  of  Doom.  The  people  are 
gradually  awaking  to  the  chicanery,  tyranny,  and  dishonesty 
of  the  Bench !  Labour,  particularly,  has  it's  'red  right  eye' 
on  the  courts,  and  their  iniquitous  injunctions;  and  labour, 
will  have  to  be  reckoned  with  when  the  battle  of  Armaged 
don,  for  the  United  States,  dawns.  I  am  in  favour  of  the 
Initiative,  Referendum  and  Recall  of  Judges,  but  not  of  the 
Recall  of  Judicial  decisions.  Because  law  is  as  much  above 
the  heads  of  laymen — to  steer  a  course  safely  and  justly 
through, — as  is  astronomy.  We  must  always  have  judges, 
and  the  people  cannot  be  judges  as  to  reversing  and  re 
calling  Judicial  decrees.  Where  would  the  right  of 
life  and  of  property  go  if  a  decision  made  one  day, 
could  be  recalled  by  what  amounts  to  a  mob, — so  far  only  as 
law  is  technically  concerned — could  be  recalled  by  a  mob — 
the  next?  No:  Judges  must  be  recalled  for  misconduct:  but 
not  their  opinions.  The  subject  of  Logic — which  is  the  compass 
by  which  only  a  judge  steers  his  course  where  two  legal  au 
thorities  conflict,  where  two  decisions  by  former  judges  upon 
the  point  then  up  before  him  for  decision  conflict — the  study 
of  Logic  needs  a  National  Professional  revival.  Provided  a 
judge  is  a  sound  Logician — which  means  a  man  trained  in  the 
intricacies  of  the  Aristotelian  Syllogism,  which  means  again 
a  College-bred  manf  and,  a  College-bred  man  only — he  can  be 
almost  infalliby  trusted  to  give  a  just  and  learned  decision. 
For  the  opposing  lawyers  have  hunted  up  the  law  governing 
the  case  in  their  briefs.  So  all  he  has  to  do  is  to  balance  the  au 
thorities  and  see  on  which  side  the  weight  of  authority  lies 


tA   man   possessing   the   degree   of   A.    B.    from   an   incorporated 
College  of  repute. 


62  ROBBERY     UNDER     LAW 

and — where  authorities  conflict  as  aforesaid — steer  his  course 
by  the  compass — the  pole  star  of  the  Aristotelian  Syllogism. 
There's  no  word  in  English  oftener  in  a  lawyer's  or  judge"1* 
mouth  than  the  word  ''logicj  than  the  words  'logical?  ''illogi 
cal]  'fallacious,'1  fallacy*!  And  yet,  there's  no  book  le*s  often 
in  the  hands  of  judge  or  lawyer  than  a  Text  Book  on  Logic! — 
by  which  alone  the  intricate  rules  of  that  mighty  science  may 
be  kept  fresh:  by  which  rules  alone  the  highest  reasoning  is 
guided  and  kept  right,  as  the  sextant  guides  the  mariner  by 
showing  the  position  of  the  sun.  Logic  to-day  is  a  joke!  a 
dead  dog!  a  stinking  carcass  floating  down  a  canal.  Hence 
the  damnably  unjust,  ignorant,  and  dishonest  opinions  of  but 
too  many  of  the  judges  of  this  fair  land  both  State  and  Fed 
eral.  Logic  should  be  revived  as  it  was  in  the  Middle  Ages 
so  that  a  judge  may  stand  on  his  own  feet  when  authorities 
conflict.  No  candidate  for  a  judgeship  should  be  permitted  to 
mount  the  bench  until  he  had  proved  himself  by  briefs  of  his 
in  litigated  cases,  that  he  was  a  Logician  of  the  first  rank — 
and  the  burden  of  proof  would  be  on  him  to  show  that  he 
actually  wrote  each  brief.  If  an  illogical,  fallacious  or  ig 
norant  brief  could  be  thrown  up  at  him  from  the  past  years  of 
his  professional  work  it  should  disbench  him.  All  briefs  should 
be  filed  under  control  of  a  special  court  officer — that  is  to 
say — all  those  of  lawyers  who  put  themselves  in  line  for  ju 
dicial  honours — and  upon  these  briefs  would  the  professional 
record  of  the  candidate  for  judicial  preferment  be  based.  A 
crooked  or  fallacious  brief  would  ipKo  facto  disqualify  him 
for  the  bench.  He  would  have  to  draw  his  own  briefs  and 
every  brief  he  had  ever  drawn  would  have  to  be  filed,  as  well 
as  the  opponents'1  brief!  Ha !  Ha !  My  dearie,  it  makes  me 
laugh  when  I  think  of  the  wry  faces  such  a  rule  would  cause 
among  the  suave  followers  of  Ananias,  who  form  so  large 
a  part  of  my  august  profession !  What  a  salutary  effect  it 
would  have  upon  brief-drawing  to  know  that  the  foul  birds 
of  lying  briefs — of  per  jury -punctured  briefs — would  surely 
come  home  to  roost  one  of  these  days,  when  the  question  of 
the  ermine  came  to  be  considered!  Hence  courts  would  scru 
tinize  briefs  of  non-candidates  for  the  ermine,  far  more  care 
fully  for  lies,  perjuries  and  follies  than  those  of  candidates- 
for-the-ermine.  Gradually  the  people  would  get  to  employ 


ROBBERY     UNDER     LAW  53 

candidates  for  the  ermine — lawyers  qualified  to  write  'C.  F.  E.' 
after  their  names — for  the  above  reason — and  so  by  the  time 
the  Millennium  dawns — we  should  have  in  America,  a  highly 
educated,  and,  outwardly,  at  least,  upright  Bar  and  ditto 
Bench.  If  some  such  thing  does  not  take  place,  this  coun 
try  will, — and  will  rightly — be  placed  forever  under  martial 
law,  by  the  Military  Dictator  of  the  United  States,  which  our 
aforesaid  Armageddon  is  bound  to  produce.  Who  wouldn't 
rather  have  one  big  Boss,  one  Oliver  Cromwell — one  grand 
Boss  of  genius — than  the  ten  thousand  vulgar-born,  ignorant, 
piffling,  plug-uglies  that  boss  the  United  States  to-day? 
Pardon  my  professional  zeal,  darling — only  a  d — n  fool! 
Permit  me  to  briefly  enumerate  our  rulers.  AVe  have  in  every 
County  in  the  United  States  to-day  in  the  country:  the  Pre 
cinct  Boss,  the  District  Boss,  the  County  Boss.  In  the  city  the 
Ward  Boss,  the  District  Boss,  the  City  BovSS,  the  Boss.  Fin 
ally — the  State  Boss!  As  Herbert  Spencer  said  in  effect, 
when  he  held  the  mirror  up  to  the  people  of  this  great  and 
mighty  nation,  on  his  recent  visit  to  us  of  a  few  years  ago, 
*«  Republic  is  the  most  ideal  form  of  government,  but  it  is  the 
most  difficult  to  live  up  to;  for  it  expects  every  man  to  do  his 
duty  without  coercion,  or  the  fear  of  death^  or  jail  before  his 
eyes;  and  that's  something  that  the  delectable  race  of  man 
flatly  refuses  to  do."1  Hence,  instead  of  being  the  best  form,  a 
Republic  is  practically  the  foulest,  most  corrupt  and  tyranni 
cal  form  of  government  possible.  You  know  that  it's  a  by 
word  for  ingratitude!" 

Viola:    "I  sadly  do,  my  dear  Hugh." 

Stutfield:  "You  are  an  inspiring  auditor — my  darling — • 
but  I  must  hurry  on.  This  question  o\f  reform  of  Bench  and 
Bar  is  the  question  of  the  cancer  eating  the  heart  out  of  the 
country  of  Washington  and  John  Marshall.  To  resume  and 
conclude.  This  is  the  motto  of  a  Republic,  'What's  every 
body's  business  is  nobody's  business.'  So  there  you  are !  So — 
after  the  rottenness  which  reeks  to  Heaven  from  the  United 
States,  has  brought  down  the  purifying  flames  that  did  the 
business  for  Sodom  and  Gomorrah — the  two  prototypes  of 
the  cities  of  New  York,  Chicago  and  Philadelphia — figura 
tively  speaking,  all  this,  of  course,  regarding  the  flames — and 
the  bloodiest  revolution  the  world  has  ever  seen  has  ensued 


64  ROBBERY     UNDER     LAW 

between  the  forces  of  Labour  on  one  hand,  and  Capital,  sup 
ported  by  the  Bench,  the  Bar,  and  the  Churches,  on  the  other; 
in  which  Labour  will  eventually  win,  by  means  of  the  acces 
sion  to  her  side  of  the  great  mass  of  the  people,  who  stand 
betwixt  and  between — and  a  compromise  has  resulted — not 
between  Labour  and  Capital,  far  from  it — that  fight's  to  a  fin 
ish! — but  a  compromise  between  Labour  and  the  said  vast  body 
of  neutrals.  After  the  thunder,  and  the  smoke,  and  the  blood 
of  the  aforesaid  Armageddon  shall  have  cleared  away  la  new 
heaven  and  a  new  earth' — again  strictly  figuratively — will 
appear;  and  the  folly  and  vice,  now  only  too  frequently  en 
throned  on  the  Bench  will  be  forever  done  away!  Pardon 
the  length  of  this  dissertation,  darling,  but  something  solid 
was  needed  to  support  the  extraordinary  spectacle  of  a  Law- 
Writer's  standing  in  dread  and  horror  of  the  courts,  and 
scheming  to  get  as  long  a  line  of  judges  strung  out  along 
his  property  as  might  be !  In  the  desperate  hope  of  finding  a 
learned  or  an  honest  one — or — by  a  miracle  almost — both— 
learned  and  honest — in  the  lot!" 

Viola:  "Br-r-r!  My  dear  Hugh,  you  make  me  feel  cold 
all  over!  It's  like  listening  to  a  page  from  Carlyle's  French 
Revolution,  to  hear  you  sum  up  the  virtues  of  the  American 
Bench  and  Bar." 

Stutfield:  "I  don't  wonder  at  your  chill.  The  French 
Revolution  is  what  is  going  to  repeat  itself  in  this  country. 
/  am  no  prophet,  but  I  am  a  student  of  History  r  and  as  such 
I  judge  the  Future  by  the  Past.  Some  duffers  say,  'How  can 
there  be  a  revolution  in  a  country  where  the  majority  rules?' 
The  Fools!  That's  just  it!  Suppose  the  majority  is  no 
larger  than  the  'majority'  that  differentiated  the  followers  of 
Rutherford  B.  Hayes  and  Samuel  J.  Tilden!  And  suppose 
the  so-called  'minority'  prefers  to  fight — to  remaining  a  tech 
nical  'minority' — what  then?  Armageddon!" 

Viola:  "You  make  me  shiver,  but  I'm  afraid  you  may 
be  right." 

Stutfield:  "Thank  you,  my  darling,  for  giving  me  the 
benefit  of  the  doubt.  Nobody  dislikes  the  idea  of  blood 
shed,  wounds  and  death  more  than  your  humble  servant:  but 
History  shows  that  that  is  the  only  avenue  possible  to  funda 
mental  political  and  judicial  change.  There  are  noble  ex- 


ROBBERY     UNDER     I, AW  55 

ceptions  to  the  dark  rule  I  have  laid  down — exceptions 
among  lawyers  and  exceptions  among  judges — but  alas!  my 
dearie — they  are  few  and  far.  There  are  noble  exceptions, 
~but  they  are  few  and  jar.  To  resume  and  wind  up.  I  may 
invest  in  a  half  dozen  different  States.  No  Virginia  Judge — 
or  any  other  judge,  for  that  matter — can  rule  on  these  two 
million  and  a  quarter  I  now  hand  you." 

'(Raising  saddle-bags  and  handing  to  Viola,  who  places 
them  on  the  floor  before  her,  touching  her  feet.) 

"For  /  no  longer  have  them — you  have  them — but  nobody 
does,  or  will,  or  can — since  torture  is  abolished  in  court 
procedure — know  that  valuable  fact.  The  future  is  ominous 
of  war  in  my  affairs.  Blettermole  lusts  after  my  prop 
erty  only  less  fiercely  than  he  does  after  my  life.  He 
actually  hates  me  with  a  fifteenth  century  Benvenuto  Cellini 
hatred — it's  laughable,  but  a  fact.  I  could  never  understand 
it — he's  always  attracted  me — he's  a  charming  man — super 
ficially,  at  least — and  goodness  knows,  I've  never  injured 
'him — one's  not  generally  given  to  injuring  people  who  are 
attractive  to  one." 

Viola :     "I  can  unravel  that  mystery,  my  dear." 

Stutfield:  "Can  you.  darling?  Well,  you  will  set  at 
rest  a  care  that  has  been  disturbing  me  for  years  and  years." 

Viola:  "You  know,  Constantsa's  almost  my  most  inti 
mate  and  beloved  girl  friend.  She  was  in  Paris  finishing  her 
musical  education — you  know  she  is  a  remarkably  talented 
pianist — " 

Stutfield:  "I  do.  But  her  playing  to  me  is  cold — fin 
ished,  but  cold — like  herself,  in  fact." 

Viola :  "Well,  Constantia  attracted  me  by  the  extreme 
artistic,  literary  and  musical  bent  of  her  really  unusual  mind 
— beside  her  refined  and  charming  personality.  I  saw  her 
constantly  during  those  two  years.  We,  with  Papa  and 
Mamma  used  to  go  to  the  Franqais  every  Saturday  night — 
when  the  plays  were  not  too  dreadfully  risque — other  nights, 
we  were  at  work  on  our  instruments,  she  the  piano,  I  the 
violin,  for  we  each  worked  about  eight  hours  a  day  except 
Saturdays  and  Sundays,  during  those  two  years — allowing 
two  hours  for  outdoor  exercise  daily.  The  consequence  was 
that  when  she  married,  she  confided  in  me  and  I  do  not  think 


56  ROBBERY     UNDER     LAW 

I  am  betraying  that  confidence  in  saying  what  I  am  about 
to  now.  She  said  to  me  once:  'Viola,  I  am  sometimes  con 
cerned  about  the  hatred  Winston  has  for  Hugh  Stutfield.  It 
is  the  most  intense  and  persistent  thing  in  his  cool,  indiffer 
ent,  charming,  inconsequential  temperament.  It's  absolutely 
ferocious!  I've  questioned  him,  and  questioned  him  upon  it, 
but  in  vain.  His  answers  are  always  unsatisfactory  and 
vague.  At  last  I  am  compelled  to  believe  that  it  springs  from 
jealousy.  Years  ago,  when  they  were  boys  at  College — dif 
ferent  Colleges — different  Universities — Hugh  got  in  without 
conditions  and  achieved  his  College  career  and  subsequent  de 
grees  without  one,  although  he  had  to  work  like  a  Trojan  to 
do  so — for  the  Classics  and  Mathematics  always  came  hard 
to  him;  whereas  Winston,  who  had  a  natural  talent  for  Lan 
guages,  and  to  whom  Mathematics  came  easier  than  to  Hugh, 
got  conditions  upon  entering  Harvard,  got  new  conditions 
each  year  he  was  there — and  finally — in  order  to  get  rid 
of  them,  had  actually  to  take  five  years  to  complete  the  four 
years'  course.  This  was  a  case  of  the  hare  and  the  tortoise. 
Winston  neglected  his  superior  talent  for  Languages,  for 
Latin  and  Greek,  as  well  as  for  Algebra,  Geometry  and  Trig 
onometry,  and  suffered  severely  thereby.  Hugh  Stutfield,  on 
the  other  hand,  toiled  and  won.  Now,  strange  as  it  may 
seem,  this  boyish  incident  has  been  the  fo-ns  et  origo,  the 
fountain  and  source,  of  a  growing  animosity  in  manhood's 
years." 

Stutfield :  "Lord !  Is  that  the  only  reason  for  his  Renais 
sance  hatred  of  me.  Well,  great  oaks  from  little  acorns  spring 
sure  enough!  Now.  to  conclude.  Lawless  desires  my  disap 
pearance,  owing  to  his  being  a  suitor  for  your  hand.  Beli- 
sarius  P.  Spink  knows  more  law  than  any  man  in  the  United 
States,  and  has  less  scruple  than  any  lawyer,  yet  outside  the 
bars.  Behind  Blettermole  and  Lawless  are  their  millions, 
and  behind  their  millions,  is  Belisarius  P.  Spink — like  Beli- 
sarius  of  old — the  great  general  of  the  Roman  Emperor  Jus 
tinian — ready  to  lead  their  massed  cohorts — their  ready  mil 
lions — to  any  goal  they  may  select.  A  powerful  combina 
tion — not  to  say,  a  dangerous  one — you  must  admit." 

Viola:     "Hugh,  you  frighten  me!" 

Stutfield :     "Do  not  be  alarmed.     I   am   my    own   Beli- 


ROBBERY     UNDER     LAW  67 


sarius  —  my  own  lawyer  —  and  I'll  back  myself  against 
or  any  other  lawyer  in  or  out  of  shoe  leather.  Second.  I'm 
not  a  pauper  by  any  means."  (Kicking  the  saddle-bags). 
Third.  I'm  so  near  being  a  Clairvoyant  —  a  Prophet  in  the 
modern  sense  —  that  there's  absolutely  nothing  funny  in  it. 
Fit  back  my  Subconseiousness  to  warn  me  of  all  their  damna 
ble  plots  in  time  to  prepare  against  them,  and  —  in  the  end  — 
frustrate  them.  Now,  my  angel,  will  you  take  my  will,  my 
private  papers,  and  my  two  million  and  a  quarter,  and  prom 
ise  me  that  you  will  neither  admit  you  have  them,  nor  sur 
render  them  to  anyone  without  a  written  order  from  me?" 

Viola:  "Certainly,  Hugh,  I  will  accept  this  grave  re 
sponsibility  if  you  desire  it.  Shall  I  inform  my  father?" 

Stutfield;  "Not  for  the  present.  I  have  the  highest  re 
gard  for  Captain  Cariston's  war  record,  and  business  record, 
since  the  war,  by  which  he  made  half  a  million  in  a  twenty 
years'  exile  in  the  wilds  of  the  West  Virginia  coal  fields, 
exiling  himself  to  that  wilderness  in  order  that  you  and 
your  Mother  —  his  only  kin  —  might  live  here  at  'Elsinore'  in 
comfort  meanwhile,  and  be  independent  for  life  at  the  end 
of  his  twenty  years  in  Siberia.  He  achieved  his  end,  and 
now  has  the  sturdy  sum  of  a  round  half  million  salted  down, 
in  improving  real  estate  in  Richmond  and  Atlanta.  But  the 
very  fact  that  he  is  such  a  sound  and  yet  bold  business  man, 
makes  me  shy  at  putting  him  in  touch  with  this  highly  un 
usual  performance  to-night." 

Viola:  "As  you  prefer,  Hugh,  dear:  it's  true  that  he 
does  not  yet  know  of  our  engagement."  (Smiling).  "He  has 
hardly  had  time  to  learn  of  it." 

Stutfield:  "A  thousand  thanks.  Then  you  promise  me 
that  you  will  neither  admit  you  have  my  will,  private  papers, 
and  two  million  and  a  quarter,  nor  surrender  them  to  any 
one  without  a  written  order  from  me?" 

Viola:  "I  do,  Hugh.  And  now,  one  word  with  you.  I 
have  had  a  frightful  dream.  Last  night  I  seemed  to  be  stand 
ing  on  the  edge  of  a  broad,  moonlit  stream  with  you  at  my 
side.  Suddenly  a  large,  funereal  looking  barge  draped  in  black 
appeared.  Three  ancient  women  —  resembling  the  Three  Fates  — 
stood  on  the  deck.  Before  them  —  facing  you  —  stood  a  man  in 
antique  armor.  As  the  barge  approached  a  most  terrific  shout 


58  ROBBERY     UNDER     LAW 

— as  of  a  mighty  host — smote  the  air,  and  the  figure  on  the 
barge  drew  his  sword  and  saluted  you.  I  felt  you  straighten 
yourself.  I  then  glanced  at  you,  and  found  to  my  surprise, 
that  you,  too,  were  in  antique  Roman  or  Greek  armor.  So 
soon  as  the  man  saluted  you,  you  returned  his  salute  with 
your  sword;  whereupon,  a  second  appalling  shout  as  of  a 
mighty  host,  smote  the  air.  The  barge  reached  us.  You 
turned  and  said:  'Viola,  I  go,  but  I  return.'  Thereupon,  you 
mounted  the  deck,  and  disappeared.  It  frightened  me  hor 
ribly — I'm  not  in  the  least  superstitious  and  disbelieve  in 
dreams;  but  I  never  had  one  so  vivid  as  that." 

Stutfield:  "My  darling,  I'm  a  fatalist.  I  believe  that 
whatever  is  to  be  will  be — to  the  fall  of  a  cock-sparrow." 

Viola:    "I  share  that  belief,  largely." 

Stutfield:  "Let  that  belief  buoy  you,  my  darling,  until 
we  are  one."  (Embraces  her). 

End  of  Act  II. 


ROBBERY     UNDER     LAW  59 

IN  THE  SHADOW  OF  THE  LABYRINTH. 
ACT  III.     SCENE  I. 

Stutfield's  suite  in  the  Hotel  Kensington,  15th  Street  and 
Fifth  Avenue.  Stutfield  in  bed.  Bed  head  to  right  of  stage. 
Small  room.  Door  to  right  leading  into  drawing-room. 
Door  to  left  leading  into  bath-room.  Window  at  foot  of  bed. 
No  fireplace  in  room — heated  by  a  flue.  Bureau  between  win 
dow  and  bath-room  door.  Time,  one  month  later,  April  (12thy 
1887,  6 :30  P.  M.  Stutfield  wears  a  green  sack  coat,  though  in 
bed ;  as  curtain  goes  up.  a  man,  Dr.  Barkus,  enters.  Weather 
is  cold.  Backward  spring,  snow  on  the  ground.  Barkus  above 
medium  height,  strongly  knit.  About  55,  grayish  hair,  slight 
ly  bald.  Sharp,  keen  face;  very  cold.  Wears  glasses.  Light 
gray  eyes,  square  cut  beard,  turning  white.  Stutfield  is  read 
ing  a  morning  paper  as  he  enters.  Barkus  affects  a  solicitous 
air,  and  approaches  bed  with  both  hands  extended  and  close 
together.  He  has  black  frock  coat  on — overcoat  and  hat  left 
in  drawing-room). 

Barkus :  "Ah !  my  dear  Mr.  Stutfield,  I  am  so  distressed 
to  see  you  thus.  I  met  Mr.  Blight  in  the  lobby  on  my  way 
into  the  hotel,  and  he  told  me  that  you  were  ailing — " 

Stutfield :  "Blight's  far  too  fresh.  I've  only  got  a 
slight  cold,  Doctor.  The  only  reason  I  go  to  bed  for  a  cold 
is  that  I  inherit  a  tendency  to  pneumonia — both  my  Parents 
died  of  it,  my  Mother  in  perfect  health,  and  with  a  magni 
ficent  constitution  at  thirty-four  .and  my  Father  ditto  at 
fifty-two — within  two  years  of  her.  I  have  lungs  like  one 
of  my  registered  Jersey  bulls — but  like  my  bull,  am  suscep 
tible  to  pneumonia — to  the  scourge  of  the  strong  up  here 
in  New  York  with  its  treacherous  humid  climate/' 

Barkus:  "You  appear  to  be  quite  learned  in  the  care  of 
the  human  frame." 

Stutfield :  "Oh !  I  don't  know — every  man's  his  own 
physician  or  a  fool  at  forty,  .you  know — I'm  just  thirty,  but 
I  like  to  be  ahead  of  the  game  in  such  an  important  factor 
in  the  game,  as  life  and  death." 


«0  ROBBERY     UNDER     LAW 

Barkus:  (Frowning).  "You  can  hardly  expect  a  physi 
cian  to  subscribe  to  that  alleged  maxim,  Mr.  Stutfield." 

Stutfield:  "No,  scarcely.  You  gentlemen  would  practi 
cally  starve  to  death  if  there  were  not  so  many  millions  of 
fools.  For  men  and  women  under  forty  of  normal  health 
are  rarely  under  the  weather,  whereas  those  over,  you  may 
almost  say,  are  always  so,  now  and  then — to  commit  a  bull- 
through  their  abominable,  fool-carelessness.  The  average  man 
takes  more  care  of  his  horse  or  dog  than  of  himself — and 
this  through  no  spirit  of  unselfish  devotion — far  from  it — 
but  from  a  fool  spirit  of  carelessness  and  laziness." 

Barkus:  "Permit  me  to  observe  that  you  are  somewhat 
severe  upon  your  fellow  man.  But  I  am  not  here  to  bandy 
'words  with  you,  Sir." 

Stutfield:    "You  are  very  correct." 

Barkus:  "Now  our  Oriental  friend,  Rumdumbagore, 
"will  be  here  shortly  and  prepared  to  assist  at  the  proposed 
interesting  experience  of  observing  you  enter  a  trance.  Per 
mit  me  to  inquire  your  opinion  on  the  distinguished  Parsee, 
Rumdumbagore  ?" 

Stutfield:  "To  be  perfectly  frank.  I  think  he's  about  the 
biggest  faker  I  ever  saw — his  name  should  me  Rumdum- 
/flkore." 

Barkus:  "Again,  I  must  observe  that  you  are  some 
what  severe  upon  your  fellowman." 

Stutfield:  "Why,  the  jargon  the  man  talks  is  enough  to 
turn  one  against  him.  It  sounds  precisely  as  though  he  had 
spent  a  number  of  years  in  the  French  colony  in  McDougal 
Street,  and  caught  the  French  way  of  pronouncing  'th'  and 
rsaying  'zat'  for  cthat ;'  and  had  then  gone  to  Mulberry  Street 
and  resided  among  our  Italian  citizens  long  enough  to  learn 
how  to  clip  the  end  off  of  a  word,  as,  for  example,  to  clip 
'banana'  into  'banan'  and  'money'  into  'mon';  and  finally 
wound  up  in  the  neighborhood  of  Tattersall's,  or  some  other 
Horse  Exchange,  and  learned  from  the  Cockney  grooms  how 
to  decapitate  the  letter  'H'.  " 

Barkus:  "But,  my  dear  Mr.  Stutfield,  I  was  at  pains 
to  inform  you  prior  to  the  first  two  visits  to  you  of  Mr.  Rum 
dumbagore  and  myself,  two  or  three  days  subsequent  to 
your  arrival  here,  about  two  weeks  ago  from  the  South,  with 


ROBBERY     UNDER     LAW  61 

your  intimate  friend,  Mr.  Blight, — the  distinguished  New 
York  sculptor,  who  suggested  to  you  that  you  permit  my 
self,  as  a  dabbler  in  oriental  trances  and  trance-like  states. 
and  Mr.  Rumdumbagore,  who  knows  all  about  them — coming 
direct  from  India,  to  lecture  upon  that  very  subject  before 
learned  societies  throughout  the  United  States — suggested 
that  you  permit  us  to  observe  you  enter  a  trance, 
since  he  had  walked  in  on  you — as  you  were  first 
learning  how  to  do  so  at  'Rokeby'  and  suggested  your 
coming  on  to  New  York  and  getting  some  Psychologist  who 
was  more  familiar  with  trances  and  trance-like  states  than 
yourself,  to  advise  with  you  about  them,  and  act  as  your  as 
sistant  in  carrying  on  your  most  interesting  investigations 
in  this  mysterious  domain  of  the  brain.  Upon  your  con 
senting  to  both  Mr.  Blight's  propositions.  I  was  introduced  to 
you  by  him,  and  in  turn  introduced  you  to  the  distinguished 
Orientalist  who  expressed  himself  as  interested  in  your  inves 
tigations,  and  willing  to  assist  for  one  or  two  seances  before 
leaving  for  Chicago  to  lecture  before  the  faculty  of  the  Uni 
versity  of  that  city — I  was  at  pains  to  inform  you  that  Mr. 
Rumdumbagore  had  had  the  misfortune  to  be  first  initiated 
into  the  mysteries  of  English  pronunciation — so  difficult  to 
the  subtle  oriental  tongue — when  a  child  in  Bombay — by  an 
Italian  nurse  wTho  had  married  an  Englishman,  after  being 
first  divorced  from  a  French  dentist.  The  Englishman  was 
not  high  type — he  was  a  coachman  and  born  within  the  sound 
of  Bow  bells — hence  he  hadn't  art  'h'  in  his  head.  The  re 
sult  is  the  unfortunate,  somewhat  polyglot  patois,  somewhat 
mixed  accent  of  our  distinguished  friend." 

Stutfield :  "Your  explanation,  Doctor,  is  as  unusual  as 
is  the  appearance,  aspect,  and  actions  of  Brother  Rumdum 
bagore." 

Barkus:  "You  are  as  suspicious  of  men  as  most  law 
yers,  my  distinguished  patient." 

Stutfield :  "Permit  me  to  observe  that  I'm  not  your  pa 
tient,  nor  am  I  suspicious  bv  nature.  But  I  am  not  a  damn 
fool." 

Barkus:  "Well.  I  hear  his  voice  in  the  hallway,  and 
shall  usher  him  in." 

Stutfield:     "Prav  do."     (So  soon  as  the  door  is  closed 


ROBBERY     UNDER     LAW 


and  he  is  alone,  aloud,  meditatively).  "This  is  a  very  rum 
state  of  affairs  here.  I  can't  quite  make  it  out.  Blight  has 
always  been  a  close  friend  of  mine  and  one  in  whom  I've  al 
ways  had  the  utmost  confidence.  He  walked  in  on  me  at 
'Rokeby,'  as  Dr.  Barkus  remarked,  just  as  I  was  in  the  very 
act  of  pushing  my  investigations  of  Institutions  into  the 
Trance  form,  mentioned  in  my  last  talk  with  Viola,  as  em 
ployed  by  Trance-Mediums  or  Clairvoyants.  Spiritualism  I 
despise  and  utterly  disbelieve  in  as  the  haunt  of  fakers  and 
cheats;  but  undoubtedly  the  Trance,  or  Trance-like  slate,  is 
the  work  shop,  in  which  to  experiment  in  the  mysteries  of 
the  human  brain.  For  instance,  Hypnotism  is  the  direct  re 
sult  of  a  state  closely  allied  to  that  of  the  Trance,  but  differs 
from  it  in  that  while  consciousness  is  clouded  or  entirely 
submerged  in  the  Hypnotic  Trance,  in  the  Mediumistic  or 
Glairvoyant-trance,  nothing  of  the  sort  occurs.  In  a  Trance 
or  Trance-like  state  I  am  as  normal  and  keenly  alive  as 
when  eating  breakfast.  Therefore  I  am  willing  to  go 
through  the  d  —  d  bore  of  entering  the  Trance  or  Trance- 
like  state  before  witnesses  since  my  Subconsciousness  in 
forms  me  that  it  will  not  operate  the  Trance  or  Trance- 
like  state  for  me  in  relation  to  my  business  affairs 
unless  I  enter  it  twice  before  scientific  men.  Otherwise  I 
can't  get  the  Hloomiri1  perizhin1  Trance  to  operate.  For  oper 
ate  it  without  the  co-operation  of  one's  Subconsciousness  is  an 
impossibility.  Blettermole  may  be  at  the  bottom  of  this.  He 
is  my  inveterate  enemy,  and  would  stop  at  nothing.  What 
his  object  can  be,  I  fail  to  see,  but  I  shall  without  hesitation 
allow  him  all  the  scope  he  wants,  for  I  understand  that  this 
is  a  law-abiding  community  —  this  fair  City  of  New  York  — 
and  therefore  the  law  can  redress  any  injuries  I  may  sustain 
in  pushing  legitimate,  scientific  experiments  to  a  conclusion." 
(Enter  Dr.  Barkus  and  Rumdumbagore.  The  latter  is  a 
tall,  stout  man,  dressed  in  a  black  frock  coat,  waistcoat  and 
trousers,  high  collar  and  dark  fcur-in-hand  tie.  The  only 
thing  out  of  the  way  about  his  costume  is  a  turban,  of  large 
dimensions,  and  snowy  whiteness,  wound  round  the  top  of 
his  head.  His  skin  is  a  dark  olive,  and  he  wears  a  heavy  black 
moustache.  His  motions  are  slow  and  pompous  and  so  is  his 
intonation.  He  bows  with  oriental  depth  to  Stutfield  stand- 


ROBBERY     UNDER     LAW 


ing  on  the  threshold,  bringing  both  palms  towards  his  mid 
dle.  Stutfield  carelessly  returns  the  salute  and  says)  : 

Stutfield"  'Day,  gentlemen." 

Rumdumbagore :  "  'Ow  does  my  young  f rien'  find  'e 
zelf  to-day?  I  trus'  zat  ze  indizbozish  iz  not  acute?" 

Stutfield:  (Smiling  pleasantly).  "No,  'ze  indizpozizh 
iz  not  acute — 

Rumdumbagore :     "Ah !  My  young  f  rien'  mock  me." 

Stutfield:  "Your  young  'frien'  is  tickled  to  death  over 
your  accent,  my  learned  Sir — 'zat's  all — ''zafs  all" 

Barkus:  "Mr.  Stutfield,  we  will  proceed  to  go  into  the 
trance,  if  you  please,  and  cut  short  this  unseemly  ridicule  of 
my  learned  friend  who  suffers  through  no  fault  of  his  own — " 

Stutfield :  "No,  by  Jove,  it  was  no  fault  of  his  own,  but 
of  that  much  married  Italian-French-Cockney-English-nurse 
—eh?" 

Barkus:     "I  beg  of  you  to  proceed  to  enter  the  trance." 

Stutfield:  "Very  well,  Doctor.  But  I  should  very  much 
like  to  know  why  our  learned  friend  wears  that  turban  on  his 
head,  right  here  in  New  York." 

Barkus:  "Mr.  Rumdumbagore  is  a  very  devout  follower 
of  his  cult — fire-worshipping — the  Parsees,  you  know,  are 
Persian  Fire-worshippers — refugees — who,  centuries  ago, 
were  expelled  from  their  native  land  by  the  sword  of  the 
Prophet — the  conquering  Mahommedan — and  sought  and  ob 
tained  asylum  in  India.  They  worship  fire  still.  Now  as  to 
just  why  he  wears  a  turban  here  in  New  York.  Mr.  Rum 
dumbagore  is  under  a  vow — he  is  a  very  devout  Parsee — 
never  to  appear  in  public  without  a  turban — no  matter  where 
he  may  be — until  India  is  rid  of  British  rule." 

Stutfield :  "Ah !  ha  !  A  patriot !  I  had  no  least  inkling 
that  so  rare  a  fire  as  unselfish,  unpolitical,  patriotism  burned 
within  that  brawny  bosom.  Now  for  the  experiment.  What 
goes  on  inside  the  head  during  a  trance — how  it  is  operated — 
is  shrouded  in  mystery  so  jar  as  Science  knows  at  present — 
as  deeply  shrouded  as  the  nature  of  electricity  or  the  cause 
of  the  X-ray — outwardly,  however  nothing  could  be  simpler. 
You  cannot  detect  the  slightest  difference  in  me  physically 
when  in  a  trance,  or  when  out  of  a  trance — except  im-  my 
language.  I  need  not  warn  scientists  of  your  standing  that 


64  ROBBERY     UNDER     LAW 

I  am  no  more  responsible  for  Trance-utterances  than  for  sleep- 
talk — talking  in  my  sleep — to  which  it  is  closely  allied — all 
Trances  being  merely  a  form  of  Somnambulism  or  Sleep-Walk 
ing.  The  first  hint  I  gave  of  being  what  is  vulgarly  called  a 
Medium  was  when  I  was  a  child,  by  Sleep-Walking.  That  has 
passed  off  with  the  lapse  of  time  and  taken  on  the  rarer  phase 
of  Trances  and  Trance-like  states.  From  the  moment  I  say: 
'Here  goes!'  I'm  wholly  irresponsible  for  my  utterances. 
'Here  goes!'  'Hugh  Stutfield,  you  are  in  the  hands  of  the 
Philistines.  These  hoary  old  rogues  are  bought,  body  and 
soul,  by  certain  persons.  Who  or  what  said  persons  are  I  re 
fuse  to  say.  But  be  not  concerned.  Your  destiny — like  that 
of  every  man,  woman  and  child  on  earth — was  fore-ordained 
from  the  beginning.  Nothing  these  two  bloody-minded,  soul 
less,  sordid,  old  reprobates  can  do  or  say,  can  alter  or  change 
your  destiny  one  jot  or  tittle — they  are  necessary  that  your 
destiny  may  be  fulfilled.  Proceed  as  though  they  did  not 
exist,  and  know  that  in  the  end  you  will  triumph  over  these 
two  disgraces  to  the  Medical  Profession — to  the  noble  Art  of 
Healing,  and  those  back  of  them.  I  say  no  more.  Farewell.' 
Well,  gentlemen,  what  do  you  think  of  the  trance?" 

Barkus:  "Infamous!  Infamous!  The  most  absurd  and 
slanderous  utterance  I  ever  heard." 

Rumdumbagore :  "My  young  frien'  it  grieve  my  'eart 
to  'ear  you  zay  zuch  zings — it  grieve  my  'eart.  But  in  my 
'eart — ze  deep  warm  'eart  of  an  Oriental — I  know  it  is  not 
you  zat  zay  zuch  zings — it  is  not  you  but  ze  trance,  ze  trance. 
Zo  nudding  'ard,  no  'ard  veeling  rests  in  my  great  warm 
Oriental  'eart  towards  zee,  towards  zee.  My  young  frien',  I 
take  my  leave.  May  ze  spirit  of  ze  great  founder  of  our 
Faith,  Zoroaster,  ze  great  Zarathustra  'imzelv,  'oo  shed  ze 
light  of  'iz  countenance  over  ze  land  of  ze  Medes  and  ze  Per 
sians  one  thousand  years  before  ze  Christian  era,  watch  over 
and  guard  your  steps  in  zis  wicked  but  populous  city." 

Stutfield:  "Amen  to  that,  my  learned  fire-eater — beg 
pardon — fire-worshipper — Amen  to  that." 

(With  a  profound  salaam  Rumdumbagore  leaves,  fol 
lowed  by  Barkus,  who  merely  bows  slightly.  The  door  has 
hardly  closed  before  heavy  footsteps  are  heard  in  the  hall- 


ROBBERY     UNDER     LAW  65 

way,  and  there  is  a  loud  knock  at  the  door  of  Stutfield's 
bed-room). 

Stutfield :    "Come  in." 

(The  door  opens  and  Barkus  and  Rumdumbagore  ap 
pear  at  the  head  of  three  burly,  rough  looking  men). 

Barkus:  "You  must  get  up.  Resistance  is  useless  as 
you  see,  and  dress  and  follow  me.  You  are  insane." 

Stutfield:  (With  a  sarcastic  smile).  "On  what 
grounds?" 

Barkus:  "On  the  grounds  of  what  you  said  when  in  a 
Trance,  or  Trance-like  state  just  now." 

Stutfield:  "But  I  was  at  pains  to  explain  to  you,  only 
a  few  minutes  ago,  that  that  was  not  my  mentality  talking, 
but  my  Subconsciousness." 

Barkus:     "I'm  quite  well  aware  of  that." 

Stutfield:     "Who's  back  of  these  proceedings?" 

Barkus:  "Mr.  Winston  Blettermole  and  Mr.  James 
Lawless." 

Stutfield :  "Ah !  My  two  worst  enemies.  Well,  gentle 
men,  what  do  you  propose  to  do  about  it?" 

Barkus:  "Propose  to  do?  Why,  that  you  obey  my  or 
ders." 

Stutfield:  "You  haven't  brought  enough  men  with  you, 
Doc." 

Barkus:    "Seize  him!" 

(The  men  dash  towards  Stutfield.  There  is  a  small  table 
with  a  pile  of  large,  heavy  books  on  it  at  his  bedhead,  which 
prevents  direct  attack,  so  they  come  round  that  and  are  about 
to  spring  upon  him — the  head  of  the  bed  is  towards  the  door 
of  the  drawing-room — when  Stutfield  whips  out  a  revolver 
from  under  his  pillow  and  says  sharply)  : 

Stutfield:    "Hands  up,  you  blackguards,  hands  up!" 

(The  roughs  at  once  obey.  Barkus  and  Rumdumbagore, 
who  are  standing  at  the  foot  of  the  bed,  shrink  away  from 
the  pistol). 

"Now  then,  you  bloody  villains— you  East  Side  thugs 
and  mid-night  assassins,  make  tracks  out  of  here  or  I'll  fill 
you  full  of  lead." 

(It  is  now  dark  and  the  electric  light  has  been  turned  on 
for  some  time.  The  roughs  leave  hurriedly). 


66  ROBBERY     UNDER     LAW 

Stutfield:  "Now  then  you  two  promising  specimens  of 
medical  rascality — for  of  course,  you're  a  brace  of  alienists 
in  disguise,  lying  as  fast  as  you  can  open  your  dirty  mouths — 
now  then,  you  two  apostles  of  perjury  and  crime,  why 
shouldn't  I  put  a  bullet  into  each  of  you  and  rid  the  world  of 
two  such  human  hyenas?  Come — pull  yourselves  together 
and  answer  me  that.  First  throw  up  your  hands — you,  too, 
Rumdum." 

Barkus:  (Clearing  his  throat  and 'showing  all  signs  of 
fear  after  swiftly  throwing  up  his  hands — Rumdumbagore 
does  the  same).  "I  trust,  my  dear  Mr.  Stutfield,  that  you 
will  not  take  any  unfair  advantage  of  me." 

Stutfield:  "No,  I  never  take  an  unfair  advantage  of 
any  man.  But  I  shall  particularly  well  see  to  it  that  you 
don't  succeed  in  taking  an  unfair  advantage  of  me.  I'd  have 
you  understand  that  I  hold  a  license  to  carry  a  pistol  in  New 
York." 

Barkus:-  "What  are  you  willing  to  do?" 

Stutfield :  "I  am  willing  to  discuss  this  interesting  situ 
ation  with  you  to-morrow,  say,  at  3  P.  M." 

Barkus:  "But  how  do  I  know  that  you're  not  going  to 
run  away?" 

Stutfield:  (Bursting  out  laughing).  "Run  away!  That's 
something  I'm  not  in  the  habit  of  doing." 

Barkiis:  "In  that  event,  I'll  be  very  glad  to  meet  you 
to-morrow  at  3  P.  M." 

Stutfield:  "So  be  it.  And  now  you  may  permit  your 
hands  to  assume  a  normal  position,  and  retire." 

(Both  leave  rather  hurriedly.  As  soon  as  the  door 
closes) — 

Stutfield :  "Well,  here's  a  how  de  do,  sure  enough ! 
Viola's  dream  has  come  true!" 

End  of  Act  III.     Scene  I. 


ROBBERY     UNDER     LAW  67 

THE  LABYRINTH. 

ACT  III.     SCENE  II. 

Time :  Three  months  later.    July  12th,  1887,  4  P.  M. 

(Stutfield's  cell  in  'Fairdale.'  A  dark,  gloomy,  small 
room  with  heavily-barred,  small  windows.  Room  scantily  and 
barely  furnished.  An  engraving  or  two  on  the  wall;  a  small 
dressing-table  with  mirror,  washstand,  and  some  common 
chairs.  Stutfield  in  bed,  dressed  in  a  striped  blue  and  white 
flannel  outing  jacket,  with  no  tie  on,  over  a  silk  gauze  under 
shirt.  The  bed  is  brown  wood,  and  has  a  canopy  over  it  in 
the  shape  of  a  mosquito-netting  on  four  slender  rods.  By 
his  bedhead  is  a  table,  covered  with  ponderous  books.  He  has 
just  finished  a  letter  as  the  curtain  rises.  There  are  three 
doors  to  the  cell;  one  leading  to  his  keeper's  adjoining  cell, 
and  one  to  a  bath-room,  and  one  to  the  hall.  He  begins  to 
read  the  letter  he  has  just  written  in  blue  pencil)— 

Stutfield:  (Reading  hastily,  and  with  frequent  glances  at 
the  door).  "My  own  darling  Viola:  It  seems  ages  since  I've 
seen  your  sweet  face,  and  heard  your  silvery  voice,  buried 
alive  as  I  have  been  for  a  quarter  of  a  year  amid  dangerous 
lunatics,  even  maniacs.  This  is  how  it  all  happened.  Blet- 
termole  and  Lawless  put  their  heads  together,  and  one  as  my 
nearest  blood  relation,  and  the  other  as  my  'best  friend'  signed 
and  swore  to  a  Petition  saying  that  I  was  insane,  and  dan 
gerously  so.  They  were  evidently  steered  by  Belisarius  P. 
Spink,  who  is  the  lawyer  of  both  Blcttermole  and  Lawless, 
for  the  game  has  been  worked  to  the  Queen's  taste  from  the 
start — not  a  blunder  anywhere  except  that  crime  is  always 
a  blunder  in  the  long  run,  and  both  Lawless  and  Blettermole 
have  rendered  themselves  liable  to  a  term  at  hard  labor  at 
Sing  Sing  for  perjury.  So  far,  so  good.  Now  I  shall  de 
scribe  how  I  come  to  be  here,  flat  on  my  back.  Before  doing 
so,  knowing  your  sweet  solicitude  for  my  health,  I  shall 
touch  briefly  upon  that.  I  never  was  better  in  my  life.  I 
once  overworked  and  consulted  a  specialist  on  overwork  and 
the  preventive  and  cure  thereof.  He  said:  'Lie  down  for 


68  ROBBERY     UNDER     LAW 

twenty-two  hours  out  of  the  twenty-four  and  rest  your  spine, 
which  is  the  trunk-line  of  the  nervous  system,  and  exercise 
for  the  other  two  hours  not  severely,  but  lightly — even  for 
much  less  than  two  hours  if  you  feel  disinclined  for  any 
cause  not  slothful  in  its  origin.'  So  I  stay  in  bed,  for 
twenty-two  hours  out  of  the  twenty-four.  I  even  take  my 
three  meals  in  bed,  and  after  luncheon  walk  for  the  greater 
part  of  two  hours — this  walk  is,  of  course,  with  a  strapping 
six-foot,  fighting,  Irish  keeper — come  in,  bathe,  and  go  back  to 
bed.  I  sleep  for  at  least  nine  hours.  The  balance  of  the  time 
I  keep  my  mind  constantly  occupied  by  reading  five  daily  New 
York  morning  papers,  and  two  daily  evening  papers  from 
first  page  to  last,  including  the  most  amusing  of  the  ads, 
and  some  of  the  ads.  are  distinctly  amusing.  I  find  that 
nothing  taJtes  one  out  of  oneself  so  easily,  so  without  effort  of 
thought  or  brain  work  of  any  description,  as  newspaper 
reading.  It  is  like  eating  the  lightest,  flimsiest  kind  of  pastry 
in  place  of  solid  food.  I  do  not  refer  to  the  editorials  when 
I  say  no  effort  of  thought  or  brain  is  needed  to  master  the 
contents  of  a  newspaper.  Editorials  do  necessarily  excite 
thought — the  only  question  is  as  to  the  nature  of  the  thought 
thus  excited.  I  find  that  in  the  vast  majority  of  cases  the 
nature  of  the  thought  thus  excited  is  amusement.  But  amuse 
ment  is  enlivening  and  restful  for  the  human  mind  in  the 
extraordinary  situation  in  which  I  find  myself,  looked  upon, 
and  treated  and  spoken  of  to  my  face,  as  being  a  hopelessly, 
insane  dangerous  maniac !  I  often  wonder  if  I  am  not  dream 
ing,  and  pinch  myself  until  I  am  convinced  that  I  am  awake. 
So  you  see,  anything  that  can  minister  to  a  mind  so  situ 
ated  is  surely  to  be  classed  with  poppy  and  mandragora  and 
'all  the  drowsy  syrups  of  the  East'  as  a  first  aid  to  the  in 
jured  by  the  illegal  and  vicious  laws  of  this  great  State, 
touching  Lunacy  Procedure.  You  know,  my  darling,  that  my 
Mother  was  born  and  bred  in  New  York,  and  that  I  was 
reared  here,  and  largely  educated  here,  therefore  it  is  natuml 
that  I  should  feel  the  strong  affection  for  this  great  and 
beautiful  city  which  I  do.  It  is  not  with  the  people  of  New 
York  City  or  New  York  State  I  have  a  quarrel  on  account 
of  these  Lunacy  Laws,  but  with  the  rich  rascals  high  in  the 
councils  of  the  Four  Hundred,  who  make  money  out  of 


ROBBEUY     UNDER     LAW  69 

them.  Now  you  are  prepared  to  hear  how  I  came  here.  First 
and  foremost,  I  desire  to  state,  my  precious  darling,  that  it 
is  through  no  lack  of  strategy  or  generalship  upon  my  part 
that  I  am  here.  I  had  the  situation  entirely  in  my  hand  in 
New  York,  from  the  simple  fact  that  I  had  had  the  foresight 
to  make  use  of  my  license  to  carry  a  revovlver  in  New  York, 
by  having  it  under  my  pillow  when  they  tried  to  overpower 
me  by  sending  three  strong-arm  men  into  my  room  at  the 
Kensington  after  dark  to  carry  me  off.  There  was  a  sinis 
ter  purpose  lurking  behind  the  act,  namely,  their  desire  to 
make  me  catch  my  death  of  cold  by  hauling  me  out  of  a  sick 
bed  to  dress  and  take  a  cold  drive  in  a  cab  to  the  train,  and 
«,  colder  one  after  the  hot  train  from  the  White  Plains  sta 
tion  here,  there  being  snow  on  the  ground.  But  I  decided  to. 
so  to  speak,  go  as  a  lamb  to  the  slaughter;  or  to  play1  detective, 
and  get  an  insight  into  the  working  of  this  gilded  Hell, 
'Fairdale;'  from  the  inside,  in  order  that  I  may  devote  my 
life  to  wiping  infamous  Lunacy  Laws  off  of  the  Statute  Books 
of  about  half  of  the  States  and  Territories  of  the  Union, 
founded  by  George  Washington  and  safeguarded  by  Abra 
ham  Lincoln.  That  was  my  wish  and  aim,  in  risking  my  life 
•coming  here.  For  I  could  easily  have  walked  down  the  fire- 
escape  from  my  window  and  got  away,  had  I  cared  to  do  so. 
But  liberty  to  me  is  as  sweet  as  life,  and  I  am  willing  to  risk 
my  life  to  insure  liberty  for  the  rest  of  my  countrymen  and 
country-women  unable  to  fight  for  it,  in  this  labyrinth,  from 
the  fact  that  they  are  not  professional  fighters — that  is  to  say. 
lawyers.  Now,  I  shall  wind  this  long  letter  up  by  saying  that 
It  will  be  handed  Captain  Cariston — addressed  to  him — by  a 
man  I  have  complete  confidence  in,  the  inventor  of  the  Self- 
Threading  Sewing  Machine  Attachment,  that  brought  me  so 
much  money — his  name  is  Albert  Wedge.  He  is  still  in  my 
•employ  because  I  promised  to  support  him  for  life,  so  soon 
as  I  sold  the  mechanism.  I  promised  him  twenty-five  hun 
dred  dollars  a  year  for  life,  besides  a  present  of  twenty  thou 
sand  dollars.  I  have  had  no  chance  to  pay  him  more  than  a 
portion  of  the  first  year's  allowance.  He  is  let  through  the 
lines  here  because  before  surrendering  to  the  police  they  sent 
to  take  me  next  day  from  the  Kensin-gton — Barkus,  one  of 
the  Doctors  in  the  plot  lied  and  broke  his  word  and  instead  of 


70  ROBBERY     UNDER     LAW 

coming  sent  a  brace  of  plain-clothesmen  from  police  head 
quarters  in  Mulberry  street — I  had  sent  a  wire  to  Wedge  at 
his  place  at  Allendale,  New  Jersey,  to  come  in  the  first  thing 
in  the  morning.  This  Wedge  promptly  did.  Whereupon  I 
told  him  the  situation  and  that  if  he  ever  expected  to  put 
his  hands  on  that  twenty  thousand  dollars  he  must  co-operate 
with  me,  and  get  me  a  lawyer  to  bring  habeas  corpus  pro 
ceedings  to  get  me  out.  Well,  my  dear,  what  do  you  sup 
pose,  Wedge — supported  by  full  credentials  from  me — has 
been  utterly  unable  to  get  a  solitary  New  York  lawyer  to 
take  my  case  and  bring  the  habeas  corpus  proceedings !  They 
hem  and  haw7  but  do  nothing.  The  authorities*  here  know 
that  Wedge  may  try  to  get  counsel  for  me,  but  will  you  be 
lieve  it,  so  sure  are  they  of  their  position  that  they  are  in 
different,  knowing  that  he  will  not  be  able  to  get  a  lawyer  in 
New  York  with  the  courage  to  take  my  case.  They  hold 
back  for  three  reasons.  First:  Because  of  the  old  maxim, 
'Give  a  dog  a  bad  name  and  hang  him.'  Being  once  inside  a 
Madhouse  I  am  supposed  by  the  intelligent  public  to  be  mad. 
No  matter  what  crimes  and  villainies  were  perpetrated  to 
falsely  put  me  there.  Second :  New  York  lawyers  shy  at 
the  case  because  of  fear  of  Blettermole  and  Lawless.  Bletter- 
mole  is  a  millionaire  several  times  over,  and  Lawless  is  a 
multi-millionaire — has  at  least  seven  millions  at  a  safe  esti 
mate.  They  are  afraid  of  the  serried  ten  millions  opposed  to 
me.  Third :  New  York  lawyers  shy  at  the  case  because 
they  are  afraid  of  antagonizing  the  powerful  array  of  pluto 
crats  on  the  Board  of  Governors  as  it  is  pompously  termed 
of  this  Bastile  of  the  Four  Hundred,  where  is  buried  alive 
for  life  any  member  of  the  Four  Hundred  who  has  had  a 
falling  out  with  his  family  or  next  of  kin.  The  most  power 
ful  men  in  Finance,  Law  and  Society  are  gathered  together  on 
the  Board  of  this  Private  Insane  Asylum  in  ord-er  to  overawe 
the  New  Xork  <Cownty  Bar.  So  here  is  what  I  propose 
to  do.  Wedge  is  absolutely  devoted  to  my  interests. 
He  is  a  bachelor  alone  in  the  world  and  entirely  de 
pendent  upon  me  for  the  means  to  carry  on  his  experiments — 
and  like  all  inventors,  he  is  never  happy  except  when 
inventing.  So  he  is  willing  to  risk  State's  prison  to 
get  me  out  of  here.  I  am  willing  to  risk  my 
life  to  get  out  of  here,  and  here  is  what  I  propose.  Wedge 


ROBBERY     UNDER     LAW  71 

comes  up  about  once  a  fortnight.  He  is  due  to-day.  I'll  give 
him  this.  He  has  money  enough  to  pay  Tiis  way  to  Virginia. 
So  soon  as  you  have  read  this  letter,  read  it  to  your  Father. 
I  am  enclosing  this  sealed  and  addressed  to  you  in  one  to 
Captain  Cariston,  briefly  stating  that  the  bearer  is  an  in 
ventor  in  my  employ  and  patentee  of  the  Self  Threading 
Sewing  Machine  Attachment — and  has  access  to  me — is  thor 
oughly  trustworthy  and  able  to  shed  light  on  my  present 
predicament.  Then,  please  ask  him  to  do  as  follows.  I  do 
not  intend  to  stay  here  until  I  go  crazy  from  my  health  break 
ing  down.  I'd  much  prefer  to  die  with  my  boots  on  attempt 
ing — like  an  American  citizen  worthy  the  name  of  an  Ameri 
can  citizen — to  escape.  Or  if  I  should  be  forced  to  kill  a 
keeper  in  my  dash  for  liberty,  and  the  jury  went  back  on 
American  love  of  freedom  and  sent  me  to  the  electric  chair,  I 
would  much  prefer  that  quick  and  easy  death  to  lingering 
here  for  years.  There  is  no  warrant  in  law  for  this  out 
rage  against  an  American  citizen.  Now  a  man  would  be  per 
fectly  justified  in  killing  a  'Black-Hander'  who  held  him  in 
perpetual  life  imprisonment — as  I  am  being  illegally  held  for 
a  five  thousand  two  hundred  dollar  yearly  ransom — not 
counting  extras — and  making  his  escape.  Further  argument 
in  support  of  my  contention  would  be  a  work  of  supereroga 
tion.  I  hope  and  believe  it  will  be  unnecessary  to  put  Pat 
Sligo  out  of  business  permanently,  but  the  Law-Giver,  Moses 
himself,  had  less  warrant  in  Law  or  Equity — I  highly  approve 
of  Moses's  noble  act,  mind  you — but  Moses  the  Law-Giver 
had  less  warrant  in  Law  and  Equity  for  killing  that  Egyptian 
task-master,  than  I  would  have  in  killing  Pat  Sligo  when  he 
bars  with  his  bulky  carcass  my  road  to  freedom — and  any 
American  who  disagrees  with  that  sentiment  is  unworthy  of 
the  spirit  of  the  founder  of  this  mighty  Republic.  ''Blood 
will  tell]  is  an  old  and  true  maxim.  My  blood  is  Revolution 
ary  to  the  last  drop.  I  am  related  by  blood  to  three  lead 
ing  Generals  in  the  Revolution.  First:  General  Nathaniel 
Greene — the  second  greatest  General  on  the  American  side 
after  Washington.  Second:  General  Marion,  of  South 
Carolina,  known  as  the  'Swamp  Fox.'  Third:  General 
John  Armstrong,  author  of  the  "Newburgh  Letters."  Not  only 
American  Revolutionary  blood  runs  in  my  veins,  but  French 


72  ROBBERY     UNDER     LAW 

Revolutionary  blood — I'm  not  descended  from  her — for  she 
died  a  maid  on  the  scaffold — under  the  guillotine — but  I  am  re 
lated  by  blood  to  Charlotte  de  Corday,  the  slayer  of  one  of 
the  bloodiest  villains  who  ever  disgraced  the  earth,  namely, 
Marat,  of  the  Bloody  Triumverate,  Danton,  Robespierre  and 
Marat.  Now  you  way  well  imagine  how  such  blood  would 
brook  such  treatment  as  I  have  received  for  three  months,  and 
am  intended  to  receive  for  life.  As  Charlotte  de  Corday 
struck  a  blow  that  forever  freed  France  from  Marat,  with  u 
simple  dinner  knife,  so  I  propose  to  strike  a  blow  that  shall 
forever  free  Lunacy  Legislation  in  the  United  States  of  the 
crime  masquerading  under  the  guise  of  law  therein.  The 
blow  possibly  may  land  me  on  the  scaffold  as  it  did  her,  but 
not  if  American  Judges  and  American  Juries  have  a  spark 
of  the  spirit  of  '76  in  their  veins.  But,  however,  that  may 
be,  whether  I  mount  the  scaffold  or  not,  Lunacy  Law  will  be 
brought  before  the  rulers  of  this  country — the  people — in  a 
way  so  plain  and  striking  that  they  will  be  more  than  apt — 
speaking  guardedly — to  set  their  house  in  order  and  give  a 
man,  accused  of  lunacy  as  fair  a  run  for  his  money,  as  fair  a 
trial  before  a  Judge  and  Jury  in  open  Court  as  is  now  given  a 
man  accused  of  burglary,  rape,  or  murder.  I  dislike  to  go 
over  such  gruesome  things  with  you,  but  it  is  essentially  neces 
sary  for  you  and  Captain  Cariston  to  know  just  what  I  am 
prepared  to  do  in  the  event  of  your  not  rescuing  me.  I  have 
the  means  of  killing  the  brawniest,  bravest  keeper  in  'Fair- 
dale' — on  me  now — it's  always  on  me  when  I  have  my  jacket 
on — and  otherwise  it's  always  within  arm's  reach,  in  the  right 
hand  pocket  of  my  sack  coat,  folded  up  on  a  chair  by  the 
head  of  my  bed,  and  between  it  and  the  wall.  This  is  some 
thing  as  providentially  mine  as  was  the  jaw-bone  found  by 
Samson,  for  I  picked  this  up  one  day  when  walking  with 
my  keeper.  This  something  is  a  horse-shoe.  I  picked  it  up 
this  way.  I  spied  it  ahead  of  us.  He  did  not.  So  I  dropped 
slightly  behind  as  we  approached  the  horse-shoe  and  swiftly 
stooped  and  slipped  it  into  my  right-hand  sack  coat  pocket 
without  his  noticing  me.  It  is  wrapped  up — I  washed  it  in 
my  bath  tub  that  night,  after  he'd  gone  to  bed,  and  I  heard 
him  snoring  in  the  next  cell — which  opens  into  mine — it  is 
wrapped  up  in  a  handkerchief  to  hide  it.  Now  with  this,  I 


ROBBERY     UNDER     LAW  73 

could  first  break  the  leg,  and,  as  he  fell  forward,  fracture  the 
skull  of  any  man  that  ever  lived,  including  Goliath  of  Gath. 
So  you  see  that  even  here — in  the  jaws  of  death  and  Hell — I 
am  not  so  helpless  as  I  might  appear  on  a  cursory  view. 
Now  I  don't  want  to  make  anybody  die  a  violent  death  nor  do 
I  care  to.  So  I  shall  not  draw  my  horse-shoe  and  'Strike  for 
your  altars  and  your  fires,  Strike  for  the  green  graves  of  your 
Sires,  God  and  your  native  land,'  as  Fitz-Green  Halleck  puts 
it  in  'Marco  Bozzaris'  unless  you,  my  sweetheart,  through 
your  gallant  father  are  unable  to  rescue  me.  So  here  goes  for 
the  plan  of  campaign  to  culminate  in  my  gaol-delivery.  Put 
him  in  touch  with  everything  I've  told  you — and  my  being  se 
cretly  engaged  to  you,  and  also  that  you  hold  certain  funds  of 
mine.  Then  give  him  enough  money  out  of  the  war-chest  to 
cover  the  following  items:  Twenty-five  hundred  dollars  for 
Wedge.  Twenty-five  hundred  dollars  each  for  three  ex-Con 
federate  veterans  not  too  old  to  shoot  straight,  with  the  prom 
ise  that  upon  placing  me  upon  Virginia  soil  the  amount  will 
be  doubled.  Twelve  hundred  and  fifty  dollars  for  the  owner 
of  a  Norfolk,  Virginia,  ocean-going-tug,  with  the  promise 
that  the  amount  will  be  doubled  upon  his  return  with  me, 
dead  or  alive,  to  any  point  on  the  Virginia  coast.  Twenty- 
five  hundred  dollars  for  a  Connecticut  farmer — just  over  the 
line  from  Westchester  County  in  which  White  Plains  is — who 
is  a  boyhood-friend  of  Wedge,  and  is  well  to  do,  and  often  ha* 
Wedge  to  spend  the  summer  with  him  free  of  charge.  This 
man  is  of  old  Revolutionary  stock — is  a  descendant,  on  the 
female  side,  of  General  Israel  Putnam  of  Revolutionary  fame 
— 'Old  Put,'  as  he  was  affectionately  dubbed  by  his  troops — and 
is  proud  of  it.  He  is  outraged  at  my  predicament  and  has 
pledged  himself  to  transport  any  four  men  I  bring  to  New 
Rochelle — just  opposite  here,  on  Long  Island  Sound — to 
gether  with  Wedge  and  myself,  in  a  light,  closed,  three-seated 
wagon — closed  by  curtains  only — so  as  not  to  attract  attention 
by  the  crowd — behind  a  pair  of  powerful  seventeen  and  a  half 
hand  standard  bred  trotting  stallions,  that  he  has  so  broken 
that  they  travel  amicably  in  harness,  inside  half  an  hour 
from  the  boundary  wall  of  'Fairdale,'  on  the  Marmaroneck 
Avenue  road,  a  beautiful  stretch  of  eight  miles  of  macadam 
ized  road  running  flat  as  a  plate  from  'Fairdale'  to  Long 


74  ROBBERY     UNDER     LAW 

Island  Sound — he  has  pledged  himself — or  forfeit  the  prize- 
money  of  twenty-five  hundred  dollars — to  do  this  inside  thirty 
minutes.  Now  I  propose  that  the  Captain  lead  this  rescue 
party  himself.  He  was  Captain  of  Squadron  A,  First  Vir 
ginia  Cavalry,  in  the  Army  of  Northern  Virginia,  under 
Stuart.  Let  him  pick  three  of  his  most  dare-devil  troopers 
and  lead  them  to  the  charge  against  the  trespassers  on  the 
rights  of  a  Virginia  citizen.  Once  we  get  into  the  wagon  we 
are  safe,  for  nothing  can  touch  us.  There's  no  car  line  of 
any  kind  along  Marmaroneck  Avenue  and  so  nothing  can 
touch  us,  or  head  us.  Now  here  is  how  I  propose  to  join 
forces  with  your  father.  Wedge  will  act  as  scout  to  your 
father  and  his  men  from  the  time  they  disembark  from  the 
ocean-going-tug  off  New  Rochelle,  and  enter  the  closed 
wagon,  till  the  time  we  join  forces;  so  I  need  say  no  more,  as 
I  shall  put  him — Wedge — au  courant  with  what  a  certain 
deeply  devout,  fire-worshipping  friend  of  mine — of  whom 
a  whole  lot  anon — when  I  have  you  in  my  arms  once 
more,  my  precious  darling,  "after  this  cruel  war  is  over" — your 
dream  you  see,  came  true,  and  I  now  am  about  to  return  to 
you — Wedge  will  to-day  be  put  ecu  courant  with  what  a  pro 
foundly  learned  and  deeply  pious  fire-worshipper  I  know, 
would  term  'the  situaish/  N.  B. — Ask  your  father  to  have 
half  a  dozen  Winchester  rifles  and  plenty  of  ammunition  on 
board  in  case  we  should  be  held  up  by  a  police  boat  when 
passing  New  York.  It's  not  likely  that  that  will  happen, 
but  I  take  no  chances  in  war.  Also  be  sure  that  each  of  his 
men  has  on  a  belt  of  cartridges  and  a  forty-four  Colt  re 
volver — not  in  view  of  course — and  to  bring  me  mine — the 
ivory-handled  forty-four  at  the  head  of  my  bed  at  'Rokeby,' 
with  its  belt  of  cartridges.  The  chances  are  a  hundred  to  one 
against  a  contretemps — against  blood-shed — once  I  join  forces 
with  the  rescuing  party.  I  propose  to  put  my  husky  keeper, 
Pat  Sligo — a  six-foot,  one  hundred  and  ninety  pound  Hiber 
nian,  down  and  out,  in  the  lonely  wood  at  'Fairdale.'  whither 
I  shall  invite  him  to  escort  me  on  a  walk.  I  shall  not  by 
any  means  kill  him,  or  use  the  horseshoe  at  all — though  I 
shall  have  it  as  ever  in  my  pocket — but  I  shall  put  him  down 
and  out,  and  then  join  the  rescuers  on  the  edge  of  the  wood. 
As  a  matter  of  pride  I  propose  to  leave  no  more  trace — no 


ROBBERY     UNDER     LAW  75 

more  trail — after  putting  Pat  Sligo  down  and  out — no  more 
clue  to  the  direction  of  my  change  of  base — than  if  the  earth 
had  swallowed  me.  As  I  have  shown,  I  come  of  a  long  line 
of  military  ancestors — and  the  only  reason  I  didn't  enter  the 
army  was  because  there  was  no  prospect  of  war  in  my  time, 
hence  my  remark  about  its  being  a  matter  of  pride — military 
pride — soldierly  self-respect — to  leave  no  more  trace  of  my 
change  of  base  than  if  the  earth  had  swallowed  me.  Also,  it 
might  make  it  disagreeable  for  the  Connecticut  farmer  if  it 
got  out  that  he  aided  in  the  escape.  He  is  not  a  resident  of 
New  York  nor  a  citizen  of  New  York — since  he  is  both  of 
Connecticut,  but  the  local  authorities  might  trump  up — or 
attempt  to  trump  up — trouble  for  him  the  next  time  he 
crossed  the  New  York  State  line.  It  would,  of  course,  be  im 
possible  to  achieve  this  desired  end  of  complete  mystery  re 
garding  my  movements  South  in  any  other  way  than  I  have 
outlined — namely,  my  personally  putting — unaided,  unwit 
nessed,  and  alone — Pat  Sligo  down  and  out.  Naturally  I 
would  prefer  the  dramatic  coup  of  having  the  Captain  ap 
pear,  accompanied  by  his  men,  who  would,  at  a  word  from 
him,  draw  and  hold  him  up.  But  tempting  as  that  is  to  my 
dramatic  sense  it  is  utterly  out  of  the  question  and  not  to 
be  considered  for  a  moment — for  reasons  stated.  I  propose 
about  three  weeks  from  now,  as  the  time  for  pulling  off  the 
big  event.  Till  then,  may  God  bless  and  comfort  you,  my 
sweet  child,  and  prosper  our  plans  and  thwart  those  of  the 
enemy. 

Your  devoted 

HUGH." 

Stutfield:  (Sealing  the  addressed  envelope  into  which 
he  has  put  the  letter).  "Phew!  The  longest  letter  I  ever 
wrote,  I  verily  believe." 

(Noise  of  voices  approaching.  Stutfield  hastily  conceals 
the  letter  in  his  inside  coat  pocket.  The  door  of  the  next  cell 
opens  and  Albert  Wedge  enters,  followed  by  Pat  Sligo. 
Wedge  is  a  small,  thin  man.  with  a  sharp,  shrewd,  face,  clean- 
shaved — honest-looking  with  his  shrewdness — and  neatly 
dressed.  He  has  a  way  of  turning  his  head  on  one  side  when 
listening  to  a  person,  and  before  replying  to  a  question  de 
manding  any  thought  he  expels  his  breath  violently  and  pre- 


76  ROBBERY     UNDER     LAW 

faces  all  his  remarks  with  "Well,  I  don't  know!"  or  "Well! 
That  may  be !"  or  "Well!  Let  me  see !"  He  expels  his  breath  on 
the  word,  "Well"  Sligo  is  a  powerful,  forbidding-looking 
Irishman  with  beetling  brows.  His  head  is  bullet-shaped,  and 
hair  cropped  short  like  a  convict's.  He  has  a  short,  thick 
neck.  He  is  dressed  in  the  regulation  'Fairdale'  uniform, 
dark  navy  blue  suit  with  brass  buttons.  He  swings  the  door 
open  with  a  flourish  and  says  in  low  gutteral  tones)  : 

Sligo:    "Walk  in." 

(Sligo  glares  at  Stutfield  sullenly.  Stutfield  looks  at 
him  carelessly  and  says)  : 

Stutfield:    "Ah,  Pat!" 

(Sligo  merely  growls  and  says  nothing.  He  goes  out, 
slamming  the  door  after  him.  Stutfield  smiles  significantly 
as  he  watches  Sligo  disappear,  and  then  turns  to  Wedge  and 
says) : 

Stutfield:     "Have  a  chair,  Wedge." 

(Wedge  seats  himself.  Stutfield  then  pulls  out  the  let 
ter  and  says  in  a  low  voice :  Stage  Direction — Stutfield  speaks 
rapidly  all  through  this  scene  with  frequent  glances  at  the 
door  of  Sligo's  cell}. 

Stutfield:  "For  Captain  Cariston.  'Elsinore,'  Cobham, 
Va. — on  the  Chesapeake  &  Ohio  Eailway,  ten  hours  from  New 
York,  Wedge.  You  are  to  please  start  at  once.  You  need  not 
remain  at  'Elsinore'  more  than  a  few  hours.  Your  train 
leaves  Jersey  City  at  eight  A.  M..  and  reaches  Cobham  at 
about  six  P.  M.  Send  the  following  wire  the  night  before 
you  start — to-night,  that  is — I  presume  you  can  get  off  to 
morrow — 

Wedge:  (lin  a  low  voice  as  he  pockets  the  letter"). 
"Ye-e-s.  I  did  want  to  take  about  a  week  to  work  round  a 
snag  that's  turned  up  in  my  patent  hydraulic  pump — 

Stutfield :  "Of  course,  you  did,  my  good  Wedge — and  of 
course,  you  ever  will — if  it  isn't  one  thing  it's  another  with 
you  artists  and  poets  in  power  and  steel  and  electricity — you 
inventors — but.  my  good  friend,  Wedge,  if  you  don't  get  my 
affairs  started,  you'll  run  out  of  money — the  last  quarterly 
payment  I  made  you  on  your  allowance  is  pretty  nearly  used 
up.  I  should  say — what?" 


ROBBERY     UNDER     LAW  77 

Wedge:  ^WeUf  Come  to  think  on't,  yes,  'tis.  Pll  start 
to-morrow" 

Stutfield:  "Good.  Send  this  wire  on  reaching  New 
York,  from  New  York — not  Allendale:  'Captain  Cariston, 
'Elsinore',  Cobham,  Va.  Shall  arrive  for  a  few  hours  at  six 
to-morrow.  Please  have  me  met.  (Signed)  A  friend  of  H. 
S.'  I'll  write  it  out  for  you."  (Does  so,  and  hands  it  to 
Wedge,  who.  after  scrutinizing  it,  carefully  pockets  it). 

Stutfield:     "Can  you  make  it  out?" 

Wedge:    "Well/  Yes,  I  guess  so." 

Stutfield:  "Good.  Now  pay  strict  attention  to  what  1 
am  about  to  say.  I  am  going  to  clinch  with  that  offer  of 
your  Connecticut  farmer  friend — General  Israel  Putnam's  de 
scendant — and  promise  him  twenty-five  hundred  dollars  for 
meeting  my  party  of  rescuers  at  New  Eochelle  and  driving 
them  to  the  Marmaroneck  side  of  'Fairdale,'  and  waiting  for 
them  on  the  edge  of  the  'Fairdale'  wood,  and  then  driving 
them  back  to  whence  they  came.  He  will  receive  half  of  that 
sum  the  moment  the  Captain  and  his  men  enter  the  wagon,  and 
the  balance  just  before  they  leave  it  with  me,  on  the  edge  of 
Long  Island  Sound.  Then  he  can  make  tracks  for  the  Con 
necticut  line.  An  ocean-going  tug  will  bring  Captain  Caris 
ton  and  three  reliable  men — men  who  can  be  depended  upon 
to  stand  by  one  at  a  pinch — from  Norfolk.  They  will  bring 
you  with  them,  so  your  party  will  be  'all  present  or  accounted 
for'  as  they  say  in  the  army  when  you  present  yourself  to  me 
prepared  to  make  the  get-a-way.  You  will  take  the  Old  Do 
minion  Line  to  Norfolk  from  New  York,  a  day  or  so  before 
the  tug  will  be  ready  to  put  out  for  New  York  from  Nor 
folk.  You  will  keep  in  close  touch  with  Captain  Cariston 
meantime.  He  is  a  rich  man  and  a  very  old  friend  of  mine, 
besides  being  a  neighbor — so  he  will  be  my  banker  till  1 
triumph  and  turn  the  tables  on  these  gilded  thieves  who  are 
attempting  to  rob  and  civilly  murder  me,  by  making  me  pay 
one  hundred  dollars  a  week,  not  counting  extras,  for  this  cell, 
a  bath-room,  and  the  cell  you  entered  by,  which  is  my  keep 
er's.  I've  been  here  three  months  and  twelve  hundred  dol 
lars  of  my  good  'long  green'  have  found  their  reluctant  way 
into  the  yawning  insatiate  coffers  of  'Fairdale.'  r 

Wedsre:     "It  's  a  d — n  shame." 


78  ROBBERY     UNDER     LAW 

Stutfield:  "You  're  very  right,  Wedge.  To  resume. 
Captain  Cariston  spent  twenty  years  in  the  West  Virginia 
Coal  Fields,  after  the  war,  and,  as  a  result,  is  worth  a  good 
half  million  to-day.  He  will  be  my  banker  and  will  pay 
you  twenty-five  hundred  dollars,  for  your  next  year's  allow 
ance  in  advance — so  soon  as  you  land  me  in  Virginia  you'll 
put  your  hands  on  the  twenty  thousand  I  promised  you,  so 
soon  as  I  got  my  price  from  the  London  Syndicate  for  your 
marvellous  attachment  for  the  sewing  machine.  Now  here 
are  final  instructions.  First:  You  are,  upon  seeing  Captain 
Cariston,  and  answering  any  and  all  questions  perfectly 
frankly,  he  may  put  to  you — he  knows  I'm  locked  up  on  a 
charge  of  insanity — it  got  out  a  few  days  after  I  was  rail 
roaded  here — you  are  to  tell  Captain  Cariston  that  I've  in 
structed  you  to  put  yourself  under  his  orders,  and  carry  them 
out  to  the  letter — knowing  that  my  life  and  your  happiness  in 
this  world  depend  on  my  successful  escape.  That  I  put  him 
in  command  of  the  rescuing  force.  He  is  a  veteran  Cavalry 
Officer  and  completely  capable  of  assuming  the  grave  respon 
sibility  in  the  premises.  That  I  put  myself  entirely  in  his 
hands  until  we  join  forces — when  I  shall  assume  command. 
Second,  and  last,  the  means  by  which  I  am  going  to  join 
forces  with  the  rescuing  party.  I  happened  to  find  out  by 
accident  that  the  keepers  here  never  hit  an  inmate — they 
choke  him  into  insensibility  and  then  put  him  into  a  strait- 
jacket.  I  saw  Pat  Sligo  do  it  to  a  prisoner  a  short  time 
ago.  Now,  since  then  I've  been  doing  a  good  deal  of  think 
ing  about  throats,  and  half-Nelsons  and  strangle-holds.  They 
call  this  the  "  'Fairdale'  hold"  among  the  keepers — the  hold 
Pat  Sligo  worked  on  the  patient.  It  consists  in  clasping  the 
hands  round  the  man's  neck  till  they  overlap  at  the  back  of 
his  neck  and  pressing  one  thumb  on  top  of  the  other  and  both 
on  his  windpipe  until  he  loses  consciousness.  Now,  look  here" 
(slipping  the  horse-shoe  under  the  bed-clothes  and  pulling  off 
his  coat  and  disclosing  a  pink  silk  undershirt,  cut  low,  and 
with  short  sleeves)  "you  see  I'm  blessed  my  nature  with  some 
thing  of  a  neck — I  wear  a  number  sixteen  collar,  and  yet  I 
only  weigh  a  hundred  and  fifty-four.  You  see  these  mus 
cles  standing  out  there  at  the  base  of  the  neck — like,  some 
what,  like — speaking  figuratively — girders?  And  the  walls  of 


ROBBERY     UNDER     LAW  79 

my  throat  and  my  windpipe  are  proportionately  strong — 
well,  I'm  staking  my  chances  of  escape  on  the  strength  of 
those  muscles.  Thus.  I  propose  to  provoke  Pat  Sligo  to  a 
physical  encounter — he  won't  need  much  provocation — do  you 
think  he  will,  Wedge  ?  How  does  that  proposition  strike  your 
scientific  mechanical  mind?" 

Wedge:  (After  a  pause.  After  turning  his  head  in 
a  so-to-speak  bird-like  way,  first  on  one  side,  and  then,  after 
another  pause,  on  the  other,  and  exploding  his  breath  on  the 
word,  "Well!"). 

Wedge:  "Well\  I  should  say  Pat  Sligo  was  not  a  very 
difficult  proposition  to  provoke." 

Stutfield:  "I  am  fully  of  your  mind,  Wedge,  and  glad 
of  it.  Now  Pat  Sligo  is  a  more  powerful  man,  speaking  gen 
erally,  than  I  am — and  weighs  fully  forty  pounds  more. 
But  there  are  two  of  my  assets  more  powerful  than  Pat  Sli- 
go's — one  is  my  wrists,  and  the  other  is  my  neck.  I've  exam 
ined  Pat's  neck  carefully  and  frequently  for  the  past  week 
or  so — ever  since  I  was  made  cognizant  of  the  existence  of  the 
'  'Fairdale'  Strangle  Hold' — with  a  view  to  choking  him  pretty 
nearly  to  death,  by  the  application  of  this  same  hold.  Now 
Pat's  neck  has  no  such  supporting  muscles  as  mine.  It's 
thick  and  burly  but  lacks  the  power  mine  exhibits  under  ex 
amination.  So  when  it  comes  to  an  attack,  it  resolves  itself — 
so  to  speak — into  a  question  of  penetration  in  naval  warfare; 
the  strength  of  the  neck  standing  tor  our  armor-plates — and 
our  grip  for  the  weight  of  our  metal — the  calibre  and  num 
ber  of  our  guns.  In  weight  of  metal—in  guns — he  is  prob 
ably  my  superior — but  in  armour  I  am  his  master  and  can  af 
ford  to  let  him  fire  the  first  broadside,  without  a  solitary  shot 
till  then.  I  shall  provoke  the  assault  and  he  will  at  once 
spring  at  my  throat.  I  shall,  of  course,  withstand  his  spring 
— I  am  an  old  football  full-back — and  so  soon  as  he  is  preoccu 
pied  lacing  his  fingers  round  my  throat  and  windpipe,  I  shall 
sail  into  his  windpipe,  and — unless  I  am  very  much  mistaken 
in  my  calculations — I  shall  choke  him  almost  to  death  in 
short  order.  When  Pat  Sligo  goes  off  into  a  dreamless  sleep 
the  knottiest  portion  of  the  problem  obtrudes  its  head.  What's 
to  be  done  with  him  on  waking  up,  which  he  may  do  any 
time  and  long  before  I  can  make  my  get-a-way  secure  ?  Upon 


80  ROBBERY     UNDER     LAW 

that  knotty  point  I  have  put  hours  of  my  best  thought,  and 
have  solved  it  to  my  entire  satisfaction — if  not  to  Pat's.  I 
have  observed  from  my  wide  reading  that  men  bound  with 
ropes  invariably  work  their  way  out  of  their  bonds  in  time. 
It  therefore  occurred  to  me  to  get  you,  Wedge, — to  whom 
steel  is  a  medium  as  malleable  as  wax — speaking  figurative 
ly — for  you're  an  experienced  inventive  genius — for  all  that 
you  are  only  about  thirty  years  old — to  make  the  following, 
what  I  shall  term  Quietus,  namely,  what  I  shall  call  the 
Union  Handcuff-Footcuff-Gag-Blindfold-and-Ear-Muffler,  to 
prevent  the  party's  saying  anything,  seeing  anything,  doing 
anything,  or  hearing  the  footsteps  of  those  about  him,  or 
their  voices.  I  propose  that  you  make  this — you  can  easily  do 
it  in  ten  days  or  less — thus.  Get  a  pair  of  handcuffs.  Make 
a  pair  of  footcuffs  to  slip  over  the  ankles.  Next,  join  them 
with  a  strong  but  light  chain,  like  a  dog  chain  so  that  when 
a  man  is  both  hand-and-foot-cuffed,  his  hands  cannot  be 
raised  above  his  waist — in  order  to  prevent  him  from  "mon 
keying"  with  the  rest  of  the  paraphernalia.  Next,  a  light 
steel  band  about  an  inch  wide  to  go  over  the  top  of  the  head, 
under  the  chin,  across  the  mouth,  and  stopping  at  the  ears  as 
it  passes  on  its  way  to  the  back  of  the  head  where  it  is  se 
curely  padlocked.  It  will  look  something  like  a  diver's  hel 
met  without  the  solidity.  The  gag  is  to  be  made  of  iron  so 
he  can't  bite  through  it,  and  is  to  be  inserted  between  the  lips 
so  as  to  rest  upon  the  tongue.  The  mufflers  across  the  ears 
are  to  be  shaped — the  wool  on  the  inside  of  this  iron  band — 
like  a  miniature  peg  top  so  that  they  will  press  onto  the  ear 
and  into  the  ear  cavity.  The  last  point  to  be  considered  is 
what's  to  become  of  him  when  thus  trussed  up  for  keeps,  and 
good  and  all !  That,  too,  I've  put  some  of  my  very  best  thought 
upon  with  the  following  result.  A  strong  dog  chain  will  be 
drawn  tightly  about  his  waist  and  padlocked  behind.  Final 
ly,  another  stout  chain  will  connect  with  that  and  encircle  a 
noble  oak  under  which  I  propose  to  fight  for  liberty.  Bring 
these  things  in  a  hand-bag.  They  don't  consider  you  worth 
considtering — they  say  you  are  an  inventor  and  'therefore 
haven't  got  good,  sense' — and  therefore  there  is  no  danger  in 
letting  you  come  to  me  and  go  as  you  please — " 


ROBBERY     UNDER     LAW  81 


Wedge:  "Is  that  so.  Mr.  Stutfield !  They  think  1 
haven't  got  good  sense?" 

Stutfield :     "I  assure  you.  Wedge,  it  is  literally  true." 

Wedge:  "Well!  I'm  not  sorry  it  looks  as  though  there 
was  going  to  be  a  chance  for  me  to  show  'em  whether  I  have 
good  sense  or  not." 

Stutfield:  "Well  said,  Wedge.  Now  for  the  wind  up. 
If  they  should  ask  to  see  what's  in  the  bag,  open  and  show 
them;  and  say  it's  a  patent  handcuff  you've  just  made,  and 
have  brought  it  up  to  induce  me  to  promote  it  for  you. 
(Wedge  smiles  and  nods  assent).  I'm  a  wary  general.  I'll 
risk  my  life  as  I've  suggested — but  1  take  absolutely  no  un 
necessary  risks,  and  leave  absolutely  no  point  unguarded — no 
matter  how  unlikely,  no  matter  how  remote.  Now,  as  I've 
said,  this  is  the  loneliest  spot  around  here — this  wood  of 
'Fairdale,'  so  lonely  that  none  of  the  inmates  are  ever  taken 
there,  bar  myself — they  have  such  sublime  confidence  in  the 
brawn  of  Pat  Sligo  that  they  break  all  rules  in  his  favor,  and 
take  any  and  all  chances  with  me.  Now  I've  mentioned  the 
general  rule  to  you.  The  exception,  however,  may  occur,  and 
a  party — not  patients — but  of  visitors — or  keepers  off  duty — 
might  intrude  upon  us.  If  this  should  take  place  before  the 
fight  it  will  be  plain  sailing — the  fight  is  postponed  till  they 
go.  If,  however,  they  should  happen  along  while  the  fight 
is  on,  or  just  after  I've  won  and  am  applying  the  'Quietus' — it 
would  be  awkward,  and  might  lead  to  serious  consequences. 
In  this  event,  I'll  blow  the  silver  whistle  I  have  on  my  gold 
key-chain  three  times — at  once  the  Captain  and  his  men — 
who  will  be  within  ear-shot,  as  the  woods  are  only  about  three 
hundred  yards  deep  to  the  Marmaroneck  road  here — at  once 
the  Captain  and  his  men  will  charge  with  drawn  revolvers 
to  our  support.  They  will  then  'hold  up'  the  newcomers  and 
leave  Pat  in  statu  quo — whatever  that  may  be — even  at  lib 
erty — for  the  newcomers  can  sound  the  alarm  as  well  as  he. 
We  will  all  then  dash  for  the  wagon — which  will  be  entirely 
hidden  from  them  by  the  trees  and  be  well  on  our  victorious 
road  before  they  can  gather  an  armed  force  strong  enough  to 
pursue.  No  keepers  will  be  sent  on  the  job.  but  the  White 
Plains  police — and  there's  nothing  in  White  Plains  can  catch 
us  with  fifteen  minutes'  start,  and  besides  this  we  shall  have 


ROBBERY     UNDER     LAW 


a  full  three-quarters  of  an  hour  to  our  credit — long  before  they 
can  send  messengers  to  police  headquarters — for  the  village  is 
a  full  mile  from  'Fairdale.'  So  you  see,  we  are  absolutely, 
mathematically  certain  to  get  away  scot  free.  If  all  goes 
well,  I  propose  steaming  past  New  York  to  save  the  hundred 
or  more  miles  it  would  mean  to  clear  the  opposite  end  of 
Long  Island — the  end  furthest  from  New  York — but  if  we 
are  discovered  before  leaving  'Fairdale'  I  shall  insist  on  that, 
as  otherwise  we  should  surely  be  met  by  a  cordon  of  police 
boats,  barring  our  passage  between  New  York  and  Brook 
lyn,  which  would  mean  a  naval  battle  I  propose  to  avoid,  if 
possible.  So  as  soon  as  I  say  'Wedge,  it  's  time  you  were 
going,'  you  will  bid  me  good-bye  and  leave.  But  you  will 
not  go  far.  You  will  hide  behind  the  nearest  tree  at  a  safe 
distance.  So  soon  as  you  are  on  your  way  Vll  'provoke  Sligo 
to  a  trial  of  strength.  I  might  add  that  if  I  should  find  that 
I  have  underestimated  the  strength  of  his  neck,  and  can't 
choke  him,  Vll  draw  my  horseshoe  and  quietly  break  his  leg. 
Well  then  truss  him  up  in  the  'Quietus'  and  he  can  rest  on 
the  bench  at  the  foot  of  the  tree;  but  trussed  to  the  tree,  and 
gagged  and  blinded,  and  ear-muffled  he'll  be  in  any  event. 
This  is  only  August,  and  the  weather  is  mild  and  they'll  find 
him  inside  of  an  hour  or  so  after  dark,  and  send  for  a  black 
smith  and  file  him  loose.  If,  however,  as  I  anticipate,  I  have 
no  difficulty  in  choking  him — you  will  return  as  soon  as  you 
see  him  fall,  and  help  truss  him  up.  You  will  then  slip  down 
and  summon  the  Captain  and  his  men,  as  I  am  chaining  him 
to  the  tree,  as  that  will  save  time — I  need  your  help  though  in 
applying  the  gag,  blinder  and  mufflers.  How  does  that 
strike  you,  Wedge?" 

Wedge:  "Well!  Come  to  think  of  it,  it  ain't  half  a  bad 
scheme — and  to  tell  you  the  truth,  I'm  d — n  glad  of  a  chance 
to  show  these  fellers  whether  I  have  good  sense  or  not — I'll 
be  goin'— 

(A  piercing,  blood-curdling  shriek  rends  the  air,  followed 
by  low  moans.  The  voice  of  Pat  Sligo  is  heard  in  the  hall). 

Sligo:  "I'll  teach  you  to  speak  disrespectful  of  the  Gov 
ernors  of  'Fairdale.' ' 

(Followed  by  a  low  moan  and  then  silence,  and  the  voice 
of  Sligo  is  heard)  — 


ROBBERY     UNDER     LAW  83 

Sligo:  "That  settled  his  hash,  I  guess — he'll  come  to  in 
a  minute  or  two,  Tim." 

(To  another  keeper  whose  footsteps  are  heard  approach 
ing)— 

"I  only  give  him  a  taste  of  the  old  hold — 

(Wedge,  who  has  looked  decidedly  alarmed  at  the  dis 
turbance,  and  drawn  closer  to  Stutfield,  and  the  latter,  regard 
one  another.  Stutfield  smiles  easily  and  says  in  a  low  tone)  — 

Stutfield:  "'The  old  hold'— eh?  the  old  "Fairdale' 
strangle-hold' !  Well,  Sligo,  this  little  episode  will  strengthen 
my  clutch  on  your  windpipe  at  our  next  encounter." 

End  of  Act  III,  Scene  II. 


THE  RESCUE. 
ACT  III.     SCENE  III. 

(Three  weeks  are  supposed  to  elapse  between  Scenes  II 

and  III.) 

(The  wood  at  "Fairdale."  Time,  3:30  P.  M.  Stutfield 
Wedge  and  Sligo.  Former  dressed  in  flannels — trousers  and 
coat,  blue  and  white  stripe.  Outing  shirt,  white,  with  light 
blue  four-in-hand  tie  in  the  low  collar.  Leather  belt  support 
ing  trousers — no  waistcoat — and  gold  keyring  chain  running 
into  right  trousers'  pocket.  The  right  coat  pocket  is  seen  to 
bulge  slightly  with  the  bulk  of  the  horseshoe.  He  wears  a 
flat  straw  hat  with  black  ribbon,  and  white  canvas  shoes,  pipe 
clayed.  He  and  Wedge  are  seated  on  a  rustic  bench  under 
the  big  oak  spoken  of  by  Stutfield.  Wedge  looks  highly 
pleased  but  rather  flushed  from  excitement.  He  has  a  small 
grip-sack  in  his  right  hand.  Pat  Sligo  is  sitting  out  of  ear 
shot  on  another  rustic  bench  under  another  oak.  There  are 
one  or  more  other  of  these  circular  or  otherwise,  benches  in 
the  opening  in  the  wood  here,  which  is  filled  with  large  old 
oaks,  and  is  gloomy  and  sombre  in  appearance.  Stutfield  has 
just  said  with  a  meaning  smile,  "Wedge,  it's  time  you  were 


84  ROBBERY     UNDER     LAW 


goin,"  and  the  latter  has  promptly  risen  to  take  his  leave, 
when  Stutfield  suddenly  raises  his  head,  and  his  face  darkens, 
as  he  says  in  a  low  tone) — 

Stutfield:  "The  unexpected  is  about  to  happen,  Wedge. 
— but  not  the  unprepared  against.  Prepare  for  serious  even 
tualities,  and  remember  that  you  are  independent  for  life  if 
you  stand  by  me  at  this  crisis  which  cannot — I  don't  care  who 
in  H — 1  it  is  who's  coming — help  going  our  way." 

Wedge:  "I'll  stand  by  you,  Mr.  Stutfield  to  the  bitter 
end — and  show  'em  whether  I've  got  good  sense  or  not." 

Stutfield:  "Bravo,  Wedge!  Now  prepare  to  receive  the 
enemy." 

(No  sound  has  as  yet  reached  the  audience,  but  now  the 
distant,  muffled  sound  of  voices  and  footsteps  is  heard  ap 
proaching.  Pat  Sligo  draws  swiftly  up  to  Stutfield  and 
places  himself  at  his  right  elbow.  Stutfield  and  Wedge  both 
remain  seated.  Wedge  taking  his  cue  from  Stutfield  and 
every  now  and  then  glancing  at  him.  Soon  the  approaching 
party  come  into  view.  It  consists  of  Winston  Blettermole, 
Constantia  Blettermole,  James  Lawless,  Belisarius  P.  Spink, 
Dr.  Barkus  and  Dr.  Nein.  They  move  forward  rather  rap 
idly  until  within  about  ten  feet,  and  then  cautiously  scatter 
away  from  Stutfield's  neighborhood  to  adjacent  seats.  Stut 
field  views  them  with  an  absolutely  inscrutable  face.  Wedge, 
to  whom  are  unknown  all  the  newcomers,  glances  at  them  in 
quiringly  and  from  them  to  Stutfield,  who  looks  straight 
ahead  of  him.  The  Blettermoles  and  Lawless  have  seated 
themselves  under  one  tree.  The  alienists  under  another. 
Spink  alone  holds  his  ground,  and  sneeringly  addresses  Stut- 
field)- 

Spink:  "Well  my  distinguished  friend,  how  do  you  find 
the  salubrious  air  of  Westchester  County  comports  with  your 
superb  constitution  ?" 

(Stutfield  continues  to  gaze  ahead  of  him  utterly  oblivi 
ous  of  Spink). 

Spink:  "Ah!  Still  refractory — ?till  recalcitrant,  I  see. 
Well,  my  distinguished  brother  member  of  the  Bar  of  New 
York,  we  shall  shortly  break  that  haughty  spirit  of  yours. 
We  propose  putting  into  play  a  new  force.  We  propose  hav 
ing  you  declared  an  incompetent  person  by  reason  of  insanity. 


ROBBERY     UNDER     LAW  85 

by  a  Sheriff's  Jury,  who  shall  never  lay  eyes  on  you,  and  by  a 
Commission-In-Lunacy  made  up  of  a  lawyer,  an  alienist  and 
a  layman,  all  and  sundry  of  which  shall  be  of  our  own  choos 
ing — of  course,  not  outwardly,  but  actually.  You  will  not  be 
able  to  see  the  jury,  for  we  shall  have  certificates  made  out 
by  physicians  here  that  it  would  injure  you — be  deleterious  to 
you  to  be  exposed  to  the  excitement  of  a  court  room.  You 
will,  therefore,  be  tried  in  absentia — in  your  absence — and 
condemned  in  your  absence — and  we  shall  have  the  naming 
of  the  Committee  to  whose  control  your  entire  estate  shall  be 
handed  over  during  your  life-time,  as  well  as  to  whose  tender 
keeping  you  will  be  consigned  for  life — or,  if  he  dies  before 
you,  to  a  successor  appointed  at  our  instigation,  as  in  the  first 
instance.  Your  home  shall  be  sold  over  your  head — the  old 
home  of  your  ancestors — 'Rokeby' — I  have  half  a  mind  to  buy 
it  myself — ' 

Constantia:  "Mr.  Spink,  I  will  not  permit  this  sort  of 
thing  to  continue  any  longer.  I  forbid  you,  upon  pain  of  my 
anger — of  never  speaking  to  you  again — to  continue  to  torture 
Mr.  Stutfield." 

Spink:  "Permit  me,  madam,  to  observe  that  I  am  sim 
ply  stating,  without  ornament  or  embellishment  in  the  least 
degree — what  is  shortly  to  happen  as  the  result  of  our  numer 
ous  conferences  at  all  of  which,  my  dear  madam, — all — we 
have  had  the  distinguished  honor  of  your  presence.  'Rokeby' 
will  most  certainly  be  sold,  because  it  will  fetch  a 
superb  figure — having  been  the  home  of  so  distinguished  a 
man  as  Mr.  Hugh  Stutfield — and  I  want  hereby  to  inform 
you  that  the  Committee  of  the  person  and  estate  of  an  in 
competent  is  a  very  practical,  a  very  unfeeling  party  indeed — 
it  is  questionable  even,  whether  a  corporation  has  not — even 
a  corporation — has  not  more  soul." 

Constantia:  "But  notwithstanding  the  sad  fact  that 
these  things  must  be,  I  do  not  propose  to  stand  by  and  see 
Mr.  Stutfield  tortured  by  hearing  of  them." 

Spink :  "Ah !  Indeed.  Then  I  am  to  understand  that 
you  prefer  that  Mr.  Stutfield  should  wake  up  to  the  news  in 
the  papers  some  morning  that  First:  he  has  been  declared  a 
hopeless  incompetent:  and  Second-,  that  'Rokeby'  has  been 
sold  by  his  'Committee;'  and  Third:  that  B.  P.  Spink — your 


86  ROBBERY     UNDER     LAW 


servant,  madam — to  command — has  bought  the  handsome  and 
historic  estate.  It  occurs  to  me  that  my  poor,  blunt  way 
smacks  more  of  kindness  to  our  distinguished  friend  than 
your  more  refined  silence." 

Stutfield:  "Belisarius  P.  Spink"  (in  icy  cold  tones,  and 
looking  straight  ahead  of  him)  "you  are  a  profound  lawyer — 
a  profound  logician — and  a  profound  rogue." 

Spink:  "Mr.  Stutfield,  your  language  is  highly  unpar 
liamentary,  to  say  the  least." 

Stutfield :    "Admitted." 

Spink:  "Pray,  sir,  on  what  grounds  do  you  base  your 
most  injurious  asseveration?" 

Stutfield:  "Upon  the  grounds,  Primo:  Your  general 
reputation,  in  and  out  of  the  profession.  Secundo:  Your 
hand  in  this  most  felonious  afi'air." 

Constantia:  "My  dear  Hugh,  I  cannot  permit  such  lan 
guage  to  be  directed  at  anything  with  which  I  have  been 
even  indirectly  connected,  and  therefore  take  my  leave." 

Stutfield:  "Well  played,  Constantia,  you  retire  just  in 
time." 

Spink:  "But  before  we  go,  permit  me  to  observe  that 
we  have  out-manouvered  you." 

Stutfield :  "Apparently,  and  jusqu  'ici — just  at  present — 
yes." 

Spink:  "'Apparently  and  just  at  present,'  why.  my 
dear,  sir,  you  talk  as  though  you  still  had  some  hope  left." 

Stutfield :     "  'While  there's  life  there's  hope,'  Mr.  Spink." 

Spink:  "I  admit  amazement  at  hearing  so  banal,  so 
commonplace  a  sentiment  from  the  lips  of  so  distinguished  a 
law-writer  as  Mr.  Hugh  Stutfield." 

Stutfield:  "You  are  liable  to  get  a  greater  dose  of 
amazement  even,  than  that,  before  long,  a  little  bird  has  told 
me." 

Spink:  "Indeed!  And  what  kind  or  variety  of  bird 
might  that  be,  may  I  ask,  that  has  been  so  unwarrantably  lo 
quacious?" 

Stutfield:     "A  sparrow." 

Spink:  "A  sparrow!  The  meanest,  most  contemptible — 
the  most  damnable — pardon  that  slip,  my  fair  client"  (bow 
ing  to  Constantia)  "bird  known  to  the  feathered  kingdom — 


87 


you  must  be  hard  pushed  for  companions  if  a  sparrow  is  the 
best  you  can  do." 

Stutfield:  "I  am  hard  pushed — I  freely  admit  that — a 
sparrow  is  the  only  companion  I  have  at  'Fairdale.'  They're 
the  only  birds  seen  or  heard  here — I've  not  even  seen  a  crow 
since  I  arrived  here." 

Constantia:  "Poor  Hugh"  (sighing)  "I  am  so  sorry— 
for  I  know  of  old,  how  fond  you  are  of  all  birds  but  spar 
rows." 

Stutfield:  "Yes,  Constantia,  my  fate  should  appeal,  al 
most,  to  a  heart  of  stone." 

Constantia:  "My  dear  Hugh,  you  don't  insinuate  that 
my  poor  mother's  heart  is  one  of  stone." 

Stutfield:  "Not  for  your  children,  my  charming  rela 
tive — but  the  upper  edge  of  the  nether  millstone  is  as  velvet 
for  softness  compared  to  your  heart  where  their  financial  in 
terests  are  concerned." 

Constantia:     "O!" 

Blettermole :  "Unless  you  were  a  prisoner  I  .would  not 
permit  you  to  employ  such  terms  to  Mrs.  Blettermole  un- 
chastised." 

Stutfield:  "Chastisement  from  your  hands,  my  little 
friend,  is  a  proposition — my  little  fop — freighted  with  hu 
mour — " 

Blettermole:  (Starting  up  angrily).  "I'll  allow  no  man 
to  use  such  language  to  me." 

Lawless:  (Laying  a  strongly  restraining  hand  on  his 
arm).  "You  forget  yourself." 

Blettermole:  (In  a  surly  tone,  and  reseating  himself). 
"Thank  you  for  the  hint — the  dog's  impertinence  angered 
me." 

Stutfield:  "Lawless,  I  am  obliged  to  you  for  saving  me 
the  trouble  of  a  scene.  Before  bidding  you  farewell,  I  might 
observe  that  I  am  not  surprised  to  find  you  in  such  company. 
Your  career  is  not  unknown  to  me,  of  course,  and  the  climax 
of  it  is  worthy  of  its  previous  devious  courses." 

Lawless:  "Do  you  mean  to  insinuate,  Stutfield,  that  I 
was  ever  engaged  in  a  transaction  in  the  slightest  degree  un 
savoury  ?" 


88  ROBBERY     UNDER     LAW 

Stutfield:  "In  affairs  of  the  heart,  yes — very  un 
savoury." 

Lawless:  "Affairs  of  the  heart  are  not  for  discussion  in 
mixed  company,  and  before  strangers,  I  would  have  you  im- 
derstand." 

Stutfield:  "Generally  speaking,  yes:  but  not  under  these 
unusual  circumstances,  when  men  and  women  in  the  fierce 
blow-pipe  of  temptation,  show  the  true  colour  of  their  souls — 
or  what  passes  for  souls  in  their  case,  at  least." 

Lawless:  "Spare  us  a  discussion  trenching  upon  that 
fugitive  and  nebulous  quantity,  the  soul." 

Stutfield:  "By  all  means,  but  it  is  sometimes  necessary 
to  name  the  unpopular — even  despised — thing,  in  order  to  be 
coherent." 

Lawless:  "You  appear  to  have  a  rather  inferior  opinion 
of  me." 

Stutfield:     "Frankly,  I  have." 

Lawless:  "That  will  be  a  sorrow  which  I  shall  carry  to 
my  grave." 

Stutfield :  "It  has  not  been  without  its  uses  tho' — your — 
ahem! — ahem — interesting  record  and  reputation  with  wo 
men  and  girls  in  your  own  walk  of  life — and — below — 

Lawless:  "Pardon  my  once  more  reminding  you  of  the 
inviolability — among  gentlemen,  that  is  to  say — of  affairs  of 
the  heart." 

Stutfield :  "But  in  war  all  is  grist  that  comes  to  the  mill 
of  a  satirist.  And  a  satirist  I  have  become" 

Lawless :     "Indeed ! " 

Stutfield:  "Fact!  It  was  a  case  of  'root  hog  or  die'; 
tear  or  be  torn.  So  I  tore.  I'll  give  you  a  specimen  of  my 
newly  discovered  vein  before  this  interview  closes,  and  leave 
it  to  your  sophisticated  judgment  in  things  literary,  as  well 
as  things  artistic,  as  to  whether  my  output  is  pure  gold  or 
pure  dross.  Meantime,  a  final  word  in  the  legal  ear  of  my 
astute  adversary,  Belisarius  P.  Spink.  The  time  has  come 
to  lift  the  veil.  He  intimated  a  little  while  ago,  that  he  had 
out-mano3uvred  me.  To  this  I  finally  reply—  (His  face 
lighting  up  with  triumph,  and  slapping  his  right  thigh,  exult- 
ingly)  :  "By  G — d.  I've  beaten  you!" 


ROBBERY     UNDER     LAW  89 

Spink:  (Uneasily).  "How  "s  that — I  didn't  quite  catch 
that?" 

Stutfield:  (Smiling  broadly).  "I  observed  that  I  had 
beaten  you." 

Spink:     "May  I  be  permitted  to  inquire  how?" 

Stutfield:  "Certainly.  My  Subconsciousness  put  it  into 
my  head  to — a-hem ! — Constantia,  my  dear,  prepare  yourself 
for  the  bitterest  disappointment  of  your  bright  and  happy 
life — I  know  your  weakness — your  ambitious  aims  for  those 
— ahem  ! — pardon  my  Saxon — for  those  whelps  of  yours — " 

Blettermole:     "You  ruffian!" 

Stutfield:  "It's  all  in  a  lifetime,  Blettermole,  all  in  a 
lifetime.  To  resume.  I  know,  Constantia,  that  you  and  Blet 
termole  lust  after  my  five  millions.  Very  well,  then,  prepare 
to  take  your  medicine.  My  Subconsciousness  put  it  into  my 
head,  not  a  thousand  years  ago,  to — mark  you  now — good 
people — mark  you  now — bury — ha  !  ha  ! — bury — possibly  in 
moisture-proof  oilskin  wrappers,  padlocked  in  a  stout  tin 
chest  the  two  and  a  quarter  millions  obtained  from  the  sale 
of  'S.  TV — Ah !  I  see  your  fair  cheek  pales,  my  fair  friend" 
(pointing  exultingly  at  Constantia,  who  shrinks,  cowering 
before  him.  She  clasps  her  hands,  drawing  them  to  her  bosom, 
and  murmurs)  — 

Constantia:     "My  children!" 

Stutfield:  "Yes,  Constantia,  your  children  are  the  cause 
of  your  risking  your  soul  in  this  foul,  dastardly  plot,  and — 
after  all — your  children  lose" 

Blettermole :    ' (Aside ) .    "Hell's  fire /" 

Stutfield:  "I  buried  it,  possibly,  by  the  sad  sea  wave, 
possibly  by  moonlight  at  midnight,  alone — to  do  so  would 
comport  with  what  Mr.  Lawless  considers  my  romantic  rub 
bish—" 

Lawless:  "T  admit,  Stutfield,  you  have  achieved  a  mas 
ter-stroke  here,  manipulating  the  mysterious  Subliminal  Fac 
ulty  of  the  mind — quite  romantic,  I  must  confess,  and — mes 
compliments." 

Stutfield :  "  'Praise  from  Sir  Hubert  is  praise  indeed.' 
But  this  is  not  all.  I  was  at  pains  to  write  that  night  from 
the  Kensington,  and  post  by  a  trustworthy  hand,  two  letters. 
One  to  my  learned  and  experienced  and  honest  North  Caro- 


90  ROBBERY     UNDER     LAW 

lina  Counsel.  One  to  my  ditto  Virginia  Counsel;  informing 
them,  briefly,  of  the  outrage  on  law  and  the  Constitution  of 
the  United  States,  perpetrated  upon  me  by  virtue  of  the  New 
York  alleged  Law  on  Lunacy,  and  instructing  them  to  fight 
conjointly,  any  and  all  efforts  to  obtain  control  of  my  prop 
erty  in  those  States  by  any  and  all  parties,  working  under  a 
decree-in-lunacy  from  New  York  and  to — mark  this,  Laic- 
less — ~bring  fraud  charges — charges  of  perjury — against  the 
two  Petitioners  in  the  Lunacy  Proceedings  against  me — " 

(Lawless  pales  and  shrinks.  Blettermole  pales  and  starts 
back.  Spink  moves  uneasily.  Barkus  and  Nein  glance  at 
each  other  anxiously). 

"Messrs.  Winston  Blettermole  and  James  Lawless,  mil 
lionaires,  and  my  worst  enemies  in  the  world.  So 
my  very  good  friends,  your  very  humble  servant  is 
about  to  play  the  role  of  Samson  in  the  Temple 
of  the  Philistines — you've  wounded  me.  but  I've  /*?"'//< '7 
your  reputations  as  honest  men — not  to  say,  gentlemen, — and 
blasted  your  nefarious  scheme  at  robbery  under  law  of  my 
property — for  no  Virginia  nor  North  Carolina  Court  will,  for 
one  moment,  countenance  such  nefarious  practices  in  Lunacy 
as  are,  alas!  of  weekly  occurence  in  the  great  State  of  New 
York.  So,  my  fair  Constantia,  instead  of  stealing  a  cool  five 
million  for  your  promising  offspring,  I've  turned  the  tables  on 
you  and  your  co-conspirators,  so  that  in  place  of  five  millions 
you  must  be  content  with  a  paltry  million  and  a  half.  I'm 
sorry  for  you — from  my  soul  I  am,  Constantia, — for  the  mil 
lion  and  a  half  comes  high — comes  at  the  price  of  the  repu 
tations  of  every  man  and  woman  here  present." 

(After  a  pause).  "But  you  must  know  that  the 
misery  and  wretchedness  which  you  have  subjected  me  to 
for  three  long  months — and  propose  to  subject  me  to  for  life 
— have  struck  the  rock  of  my  nature,  and  verse  has  gushed 
forth — satirical  verse,  for  the  most  part,  but  not  entirely  so — 
so  that,  once  out  of  here.  /  have  a  weapon  with  H'h'f-h  to 
square  accounts  with  any  man  or  any  woman  who  has  ever 
injured  me.  I  shall  close  this  interview  by  reciting  a  sonnet. 
Shakspearian  strictlv  in  form — that  is  to  sny.  the  English 
and  not  the  Italian  sonnet-form — directly  inspired  by  the 
actions  of  each  one  of  you  people,  male  and  female,  here. 


ROBBERY     UNDER     LA/W  91 


Thereafter  I  shall  never  lay  eyes  on  any  of  you  again — but  I 
shall  spread  your  fame — not  to  say  infamy — from  one  quar 
ter  of  this  great  continent  to  the  other: 

A  SATIRIST'S  SALUTATORY. 

The  nameless  .folly  of  the  human  race 
Its  Hellish  selfishness  and  trackless  guile 
Make  me  ashamed  at  sight  of  human  face — 
That  stamping  ground  for  treachery  and  wile. 
The  smirking  smile  of  callow,  empty  youth 
The  ripe  pomposity  of  hoary  age 
The  shaded  gleam  of  manhood's  lustful  tooth 
Each  plays  its  part  upon  its  petty  stage. 
Seduction,   lying,   thieving,   each   in   turn — 
A  murder  here  and  there  and  then  a  rape — 
Each  needing  only  that  temptation  burn 
And  hold  fair  chance  of  ultimate  escape. 
Exceptions  to  said  rule  exist,  "'tis  true 
No  such  exception  doth  exist  in — you. 

(Stutfield  looks  at  different  individuals  as  he  recites  the 
lines  by  heart.  He  looks  at  Constantia  when  he  says  "lying"; 
at  Spink  and  Blettermole — from  one  to  the  other,  and  lingers 
on  the  word — "thieving";  at  Lawless  on  "seduction";  at  Blet 
termole  on  "callow,  empty  youth";  at  Barkus  and  Nein  on 
"the  ripe  pomposity  of  hoary  age";  at  Lawless  on  "man 
hood's  lustful  tooth";  at  Spink  on  "a  murder  here  and 
there";  at  Lawless  on  "and  then  a  rape";  and  ends  up  the 
closing  couplet  towards  Constantia  Blettermole  with  a  smile 
and  a  bow.  The  sonnet  has  told.  Each  has  winced  when 
looked  at.  Blettermole  springs  to  his  feet  and  attempts  to 
rush  upon  Stutfield  at  the  conclusion,  but  Lawless — a  far 
more  powerful  man — instantly  and  forcibly  restrains  him. 
Stutfield  regards  the  manoevre  with  smiling  indifference). 

Lawless:  "Mr.  Stutfield,  we  take  our  leave  of  you. 
Chivalry  forces  me  to  admit  that  out  of  your  woes  you  have 
forced  a  trenchant  weapon  indeed,  but  frankness  insists  that 
you  will  never  be  able  to  wield  it  against  your  enemies,  since 
vou  will  never  eet  out  of  here." 


92  ROBBERY     UNDER     LAW 

Stutfield:  "Thank  you,  Mr.  Lawless,  for  your  chivalrous 
compliment.  You  are  a  foeman  worthy  of  my  satiric  steel. 
And  now,  gentlemen,  permit  me  to  bring  this  interview  to  a 
close  with  the  request  that  I  see  the  face  of  all  of  you — no 
more.  Constantia,  I  have  this  to  say  to  you  in  parting.  You 
are  a  devout  Christian,  are  you  not?" 

Constantia:     "I  trust  so,  Hugh." 

Stutfield:  "So  far,  so  good.  I  therefore  hereby  invite 
you  to  meet  me  before  the  'Great  White  Throne'." 

Constantia:     "With  pleasure,  Hugh." 

Stutfield:    "Adieu." 

(Blettermole  casts  a  look  of  the  most  malevolent  hatred 
at  Stutfield  as  he  leaves,  and  turns  to  glower  at  him  over  his 
shoulder.  Stutfield  ignores  him  but  watches  Constantia  with 
a  half  smile  of  amused  interest.  She  somewhat  shrinks  un 
der  it,  and  hastily  retreats  with  Blettermole.  Lawless  care 
lessly  glances  towards  Stutfield,  and  half  waves  his  hand  to 
him,  as  though  involuntarily.  Stutfield  ignores  him.  Spink 
looks  keenly  at  Stutfield  and  shakes  his  head  in  a  dissatisfied 
way  as  he  moves  off.  Barkus  glances  keenly  at  Stutfield,  and 
then  turns  and  walks  rapidly  off.  Nein  avoids  Stutfield's  di 
rection  and  ponderously  moves  away.  So  soon  as  the  last 
foot- fall  has  died  away  Stutfield  smilingly  turns  to  Wedge)  — 

Stutfield:     "Wedge,  it's  time  you  were  going." 

(Wedge,  who  has  been  glancing  awkwardly,  first  from 
one  person,  then  to  the  next,  during  the  entire  conversation, 
pulls  himself  together,  and  says)  : 

Wedge:   "Well!  Good-bye,  Mr.  Stutfield." 

(Wedge  nods  towards  Pat  Sligo,  who  ignores  him  ut 
terly). 

Stutfield:     (Pleasantly).     "Good   night,  Wedge." 

(Wedge  hastily  disappears  in  the  same  direction  as  the 
others.  Sligo  has  removed  himself  to  his  former  tree  so  soon 
as  the  party  of  visitors  disappeared.  Stutfield  yawns,  looks 
at  his  watch  and  stretches  himself.  Removes  his  hat  and 
slowly  rises.  As  he  does  so,  his  right  side  is  turned  towards 
the  audience,  away  from  Sligo.  It  is  seen  that  he  hastily 
slips  his  right  hand  into  his  right  side  pocket  and  assures 
himself  that  the  horseshoe  is  secure.  He  then  says,  in  stern, 
peremptory  tones) — 


ROBBERY     UNDER     LAW  93 

Stutfield:  "Pat  Sligo,  come  here!" 

(Sligo,  unused  to  such  tones,  starts  and  hastily  rises  and 
glowers  at  Stutfield.  He  approaches  Stutfield  slowly  and 
sullenly.  He  says  slowly) : 

Sligo:  "Look  a-here,  my  fine  young  sprig,  don't  you 
talk  to  me  like  that  or  you'll  get  something  you  don't  bargain 
for." 

Stutfield:  "The  Devil,  you  say!  Well,  my  fine  husky 
proposition  from  the  County  Down,  I  propose  'taking  a  fall' 
out  of  you,  here  and  now." 

Sligo:  "You  propose  taking  a  fall  out  of  me.  Ho!  Ho! 
I  could  break  you  between  my  thumb  and  middle  finger." 

Stutfield :  "The  Devil  you  say !  Well,  you  might  as  well 
set  about  doing  it  then,  because  unless  you  break  me,  I'm  go 
ing  to  'take  a  fall'  out  of  you." 

Sligo:  "If  you  say  that  again  I'll  take  you  at  your  word, 
and  give  you  what's  coming  to  you,  and  I'll  tell  Dr.  Bear  you 
tried  to  get  away,  and  first  attacked  mee-self." 

Stutfield:  "I've  no  doubt  you're  a  fine,  lurid  liar  when 
it  suits  your  books." 

Sligo:     "You  call  me  a  liar?" 

Stutfield :     "Yes." 

Sligo:     "Then  take  what's  comin'  to  ye." 

(As  he  sa3Ts  this,  Stutfield  is  seen  by  the  audience,  to 
throw  his  right  leg  far  behind  him  and  half  crouch  as  though 
to  sustain  a  shock,  but  his  arms  are  hanging  at  rest  at  his 
side.  Instantly  Sligo  springs  at  his  throat  with  the  roar  of 
a  wild  beast,  his  fingers  locking  themselves  round  Stutfield's 
neck.  Stutfield  sways  backward  under  the  onset  but  recov 
ers  himself.  Instantly  Stutfield  stretches  forward  and  takes 
precisely  the  same  hold  on  Sligo's  neck.  They  wrestle  and 
sway  all  over  the  stage,  Sligo  grinning  with  rage  and  show 
ing  all  his  teeth,  his  face  distorted  with  passion  and  breath 
ing — or  rather  panting — through  his  drawn  lips,  like  a  run 
ning  dog.  Stutfield,  with  face  sternly  set,  but  calm.  It  is 
gradually  seen  that  Sligo  is  getting  concerned  at  the  imper- 
viousness  to  pressure  of  Stutfield's  neck.  Up  to  now,  Stut 
field  has  contented  himself  with  wrestling  and  pushing — 
give  and  take — about  the  stage.  He  has  only  firmly  held 
Sligo — has  not  attempted  to  choke  him.  Now,  however,  a 


94  ROBBERY     UNDER     LAW 

change  comes  over  Stutfield's  face.  It  suddenly  becomes 
fierce.  He  hisses) : 

Stutfield:  "Now,  you  murderous  ruffian,  I'm  going  to 
give  you  what  you  gave  that  harmless  gentleman  on  my 
floor,  three  weeks  ago.  Pat  Sligo,  I'm  your  master! 
I've  got  a  more  powerful  throat  than  you — you  can't 
prevent  my  speaking.  Now  this  is  what  I  am  going  to  do  as 
sure  as  I  have  my  hands  on  your  throat  and  my  thumbs  on 
your  windpipe.  Pm  going  to  choke  you  almost  to  death,  you 
bloody,  murderous  brute,  and  then  Pm  going  to  escape.  So 
here  goes!  One!"  (As  he  says  that  he  presses  Sligo 's  wind 
pipe  and  the  latter  emits  a  strangling  sound).  "Two!" 
(Stutfield  presses  again  and  again  Sligo  emits  a  strangling 
sound).  "Three!"  (He  appears  to  literally  spring  upon  Sli 
go  in  spite  of  the  other's  powerful  extended  arms,  and  almost 
shouts  the  word  "Three"  as  Sligo  emits  a  third  and  last 
strangling  sound  and  then  closes  his  eyes  and  falls  back  inert. 
The  moment  this  occurs,  Wedge,  who  has  been  stealthily  ap 
proaching,  taking  advantage  of  all  the  cover  the  wood  af 
fords,  and  springing  with  unexpected  agility  from  behind  tree- 
trunk  to  tree-trunk,  and  is  now  up  to  the  combatants,  springs 
briskly  into  view  with  the  "Quietus."  Union,  Handcuff-Foot- 
Cuff,  etc., — its  bright  steel  bands  and  chains  gleaming  in 
the  rays  of  the  now  declining  sun). 

Wedge:  "You  done  that  fine,  Mr.  Stutfield — it  done  me 
good  to  see  it.  Now  watch  me  lock  him  up  for  the  night,  and 
before  he  wakes  up  I'll  put  the  gag  on  so's  he  can't  holler." 

Stutfield:  "Good  idea,  Wedge.  I'll  hold  his  head  up. 
Don't  cut  his  lip  as  you  prize  his  teeth  open  with  the  end  of 
that  iron  gag.  //<?'«  in  an  absolute,  dead  faint — I  surely 
trust  he'll  come  to — you  can  witness  that  he  attacked  me  that 
way  first — " 

Wedge:  "Yes.  sir;  I  was  watchin'  you  from  behind  a 
tree." 

Stutfield:  "In  any  event  we'll  act  as  though  he  were 
coming  to.  Now  I'll  hold  his  head  just  as  you  direct — you're 
bossing  this  part  of  the  job." 

Wedge:    "He's  coming  to!     See  his  legs  kick!" 

Pat  Sligo:    "What  the  H— 1!" 

Stutfield:     "Jam  the  gag  into  his  mouth!" 


ROBBERY     UNDER     LAW  95 

Wedge:     (Doing  so).    "O.K." 

Stutfield:  "I'll  slip  on  the  nippers  and  footcuffs  while 
you  do  that."  (Stutfield  swiftly  slips  on  handcuffs  and  then 
foot-manacles.  Sligo  struggles  futily  after  these  are  in  place). 
"There !  There  's  no  more  kick  coming  from  Pat  now.  So 
call  out  your  orders,  Wedge,  and — as  they  say  in  the  Orient — 
in  the  far  home  of  Rumdumbagore — 'To  'ear  is  to  obey.'  r 

Wedge:  "Hold  his  head  higher  off  the  ground  so  that  I 
can  get  the  control-band  that  connects  with  the  gag-piece  and 
ear  mufflers  into  place  at  the  back  of  his  head.  The  blind 
ers  slip  into  place  by  putting  the  other  two  into  the  correct 
position.  I  think  I'll  patent  this.  Now  wait  till  I  see  if  the 
front  attachment  is  O.  K.  That's  right — now  I'll  lock  it." 
(Does  so). 

Stutfield:    "Give  me  the  key." 

Wedge:     "Here  it  is." 

Stutfield:  "Thanks."  (Slips  it  into  his  right  trouser's 
pocket) . 

Wedge:  (Viewing  that  part  of  his  work  with  profound 
satisfaction).  "There!  That  settles  his  saying  anything,  see 
ing  anything,  or  hearing  anything,  till  someone  gets  a  black 
smith — and  files  through  that  there  two-inch  steel  control-band 
— that  blacksmith  will  earn  his  money,  and  not  get  much  sleep 
this  night — for  I  was  partickler  to  choose  chilled-steel  for 
the  control-band.  Pll  teach  'em  whether  Pve  good  sense 
or  not.  There  now !  The  head's  all  right.  Ill  let  you 
clamp  the  belt-chain  round  him — pull  it  good  and  tight  so  he 
can't  wriggle  through  it.  Here's  the  cable-chain  to  fasten  to 
the  belt-chain — then  take  a  hitch  with  the  cable-chain  round 
the  tree.  Now,  Mr.  Stutfield,  I'm  off  to  get  the  Captain  and 
his  men." 

Stutfield:     "Very  well,  Wedge,  so  do." 

(Stutfield  then  lugs  Sligo — struggling  fiercely  but  ut 
terly  ineffectually  and  utterly  noiselessly — except  for  the 
fierce  hissing  gasps  of  his  breath  through  the  gag — gasps  not 
to  catch  his  breath  for  he  can  breathe  perfectly,  but  in  his 
effort  to  talk — low,  muffled,  gutteral  growls,  also  accompany 
his  gasps — Stutfield  then  lugs  Sligo  to  his  feet  and  stands 
him  up  and  pushes  and  drags  him  several  yards  to  the  oak 
the  fight  began  under.  He  then  pushes  Sligo  unceremoni- 


96  ROBBERY     UNDER     LAW 

ously  into  position — but  comfortably — onto  the  circular  bench, 
and  then  secures  the  belt-chain  about  his  waist  pulling  it 
so  tight  that  Sligo  grunts,  then  locks  it  and  slips  the  key  into 
the  same  right-hand  trousers  pocket.  He  then  runs  the  cable- 
chain  under  the  belt-chain  and  takes  a  hitch  with  the  cable- 
chain  round  the  tree — the  big  central  oak.  He  then  locks  the 
cable-chain,  and  slips  the  key  into  the  aforesaid  pocket.  He 
then  steps  back,  and  views  the  spectacle.  He  smiles  and 
says)  : 

Stutfield:  •  "Ha!  ha!  Pat."  (Waving  his  hand  to  him). 
"I  know  you  can't  hear  me  or  see  me — but  I  can't  help  that." 
(Stutfield  goes  close  to  Sligo  and  attempts,  but  without 
success,  to  prize  the  left  ear-muffler  slightly  away  from  his 
ear) :  "Wedge  has  done  his  work  well — you  can': 
budge  that  muffler  without  bringing  Pat's  head  along  with 
it."  (After  casting  a  piercing  glance  at  every  quarter  of  the 
compass) — "This  is  the  loneliest  spot  in  Westchester  County. 
So  there's  no  fear  in  speaking  aloud  so  long  as  Mr.  Patrick 
Sligo  is  the  only  one  to  overhear — so  here  goes:"  (Raising  his 
voice  somewhat,  and  putting  his  mouth  close  to  Sligo's  left 
ear).  "Ta!  ta !  Pat,  I'll  meet  you  in  a  better  world  where 
the  Lunacy  Laws,  presumably,  are  more  legal  and  equitable 
than  in  New  York  just  at  present.  So  long,  Pat!  Be  good 
to  yourself."  (With  great  deliberation  and  pausing  between 
each  word)— WHO'S— LOONEY— NOW?" 

(Hasty  footsteps — with  a  military  beat — are  now  heard  in 
the  wood  and  Captain  Cariston  appears  followed,  in  single  file, 
by  three  men,  of  tall,  martial  bearing,  wearing  soft,  black  felt 
hats — the  same  Captain  Cariston  wears, — dressed,  all  four, 
in  gray  sack-suits — resembling  Confederate  gray.  The  men 
are  all  grizzled,  but  wear  moustaches  only.  Stutfield  instant 
ly  turns,  and  gives  a  half  military  salute  to  Captain  Cariston 
who  returns  it,  with  a  correct,  stiff  military  salute.  The  men 
halt  and  form  a  line — left-dress — towards  the  Captain  and 
stand  at  "attention"  looking  straight  ahead  of  them.  No  one 
speaks.  Captain  Cariston  turns  to  the  man  nearest  him 
and  motions  to  him.  The  latter  steps  forward,  and.  from  un 
der  a  yellow  rain-coat  over  his  arm,  produces  a  .44  calibre, 
ivory-handled,  Colt  revolver  and  full  belt  of  cartridges,  and 
passes  them  to  Stutfield.  whose  face  lights  up,  and  who  smiles 


97 


exultingly  as  his  hand  reaches  the  weapon,  and  he  instantly 
straps  on  the  belt — his  sack  coat  is  cut  low  enough  to  com 
pletely  hide  the  muzzle  of  the  pistol.  As  soon  as  Stutfield 
buckles  on  the  weapon  and  raises  his  eyes  to  Captain  Caris- 
ton  in  front  of  him — the  latter  raises  his  right  fore-finger  and 
points — having  attracted  Stutfield's  attention — to  his  own  left 
side,  lifting  his  coat-flap  and  disclosing  a  .44  calibre  Colt  re 
volver  and  belt  of  cartridges,  similar  to  Stutfield's — except 
that  the  other  revolver  has  a  wooden  handle  instead  of  ivory — 
Stutfield  gravely  bows  his  head  in  sign  of  approval.  Captain 
Cariston  then  turns  to  his  men  and  raises  his  right  fore 
finger.  He  then  points  to  his  revolver  and  makes  a  sharp  up 
ward  gesture  away  from  it.  The  three  men  promptly — with 
their  left  hands — simultaneously  lift  the  left  flaps  of  their 
sack  coats,  and  disclose  revolvers  and  cartridge  belts,  similar 
in  every  particular  to  the  Captain's.  Just  at  this  moment  a 
light  step  is  heard,  and  Viola  Cariston,  dressed  in  a  dark 
green  travelling  dress  of  the  period,  appears.  The  Captain 
frowns.  The  three  men  preserve  their  stern,  impassive,  set 
expression.  Stutfield's  face  lights  up  with  joy  as  he  springs 
towards  her  but  utters  no  word.  She  says  nothing,  but  bur 
ies  her  head  on  his  breast,  and  bursts  into  silent  weeping,  as  he 
folds  her  in  his  arms,  and  rests  her  head  on  his  shoulder,  and 
pats  her  back  as  a  Mother  does  a  sobbing  child.  He  does  not 
offer  to  kiss  her,  nor  she  him.  He  has  stood  thus  for  about 
half  a  minute,  during  which  time  Viola  has  been  shaken  with 
utterly  noiseless  sobs  and  has  not  raised  her  head — when  Cap 
tain  Cariston  frowns  again,  and  pulls  out  his  watch,  and  hast 
ily  stepping  up  to  Viola,  takes  her  gently  by  the  left  arm  and 
leads  her  away — as  he  does  so,  she  puts  her  face  in  the  hollow 
of  her  right  arm  and  so  screens  it  from  the  audience  and 
everyone  else.  Her  sobs  have  nearly  ceased.  The  Captain 
slowly  and  tenderly  leads  her  away.  Stutfield  falls  in — si 
lently — behind.  The  others  fall  in  after  him.  in  Indian  file, 
and  silently  file  into  the  wood  to  the  right  and  disappear.) 

End  of  Robbery  Under  Law. 


EPILOGUE 
To 

"ROBBERY  UNDER  LAW" 

Chorus  loquitur. 

The  Muse  will  now  conduct  thee  to  a  time 

The  counterpart  of  ours  for  lust  of  gold. 

The  counterpart  of  ours  for  every  crime 

That  in  the  Rogue  his  Calendar  is  told. 

But  one  great  virtue  hath  this  older  day — 

The  time  of  Catiline  and  antique  Rome — 

Men  had  the  nerve  their  hands  Vth1  game  to  play 

Free  from  Hypocrisy's  vile  nasal  drone. 

Minus  said  change,  man's  nature  shows  no  change 

From  time  of  Catiline  to  time  of  now ; 

And  in  these  pages  the  Muse  hath  her  range 

Fro'  th'  Vale  of  Love  to  th'  Alpine  heights  of  Woe! 

Truth  is  her  motto — truth  to  History 

And  truth  to  human  nature  too — pardie! 


A  PLAY  IN  THREE  ACTS 


TIME 


The  Last  Days  of  the  Roman  Republic 


BY 

JOHN  ARMSTRONG  CHALONER 

AUTHOR  OF 

SCORPIO 


PROLOGUE 
To 

THE  HAZARD  OF  THE  DIE. 

Chorus  loquitur. 

THE  HEIR  OF  SHAKSPEARE. 

The  grand  Mario vian  line  is  surely  mine 

'Tis  Marlowe's  heir  we  are  more  than  Shakspeare's 

But  Shakspeare's  Psychology  is  mine — my  mine! 

For  th'  rest  we're  Marlowe — plus  our  riper  years. 

Thus  th'  English  drama's  incarnate  in  me 

Of  its  two  Prophets  we  the  mantle  wear 

Shakspeare's  knowledge  of  man  therein  you  see 

Whilst  Marlowe's  thunder  fills  the  ambient  air. 

With  Marlowe's  passion  doth  fill  up  our  cup 

Of  his  heroic  mould  our  heroes  be 

While  Passion's  cup  our  heroines  fill  up 

The  truth  of  this  the  d — dest  fool  may  see. 

"Deep  calleth  unto  deep"  within  our  plays 

And  Marlowe's  lightning  on  Shakspeare's  moonlight  plays. 


THE  HAZARD  OF  THE  DIE 


A  Drama  in  Three  Acts. 


Dramatis  Personae. 

Lucius  SERGIUS  CATILINE,  Plead  of  the  Conspiracy  to  over 
throw  the  Roman  Republic. 

CAIUS  JULIUS  CAESAR,  Candidate  for  Pon- 
tifex  Maximus. 

MARCUS   CRASSUS,  The  richest  Roman  of 
Antiquity. 


MARCUS   CORNELIUS  LENTULUS,  Patrician, 
Praetor  (Chief  Justice]  of  Rome. 


Conspirators  with 
Catiline. 


CAIUS  CETHEGUS,  Patrician. 

CAIUS    SULLA,    Patrician,  nephew    of   the 
Dictator  Sulla. 

QUINTUS  CURIUS,  Patrician. 

MARCUS  TULLIUS  CICERO,  Consul. 

CAIUS  VALERIUS  CATULLUS,  The  great  Roman  lyric  Poet. 

CAIUS  SALLUSTIUS  CRISPUS,  Known  to  modern  times  as  Sal- 
lust"  Roman  Historian,  Author  of  "The  Conspiracy 
of  Catiline." 

PUBLIUS  CLODIUS,  Patrician,  Democratic  Politician;  Organizer 
and  Leader  af  a  Band  of  Gladiators  with  which  he 
terrorizes  his  Political  Rivals. 

TITUS  ANNIUS  MILO,  Patrician,  Republican  or  Senatorial-poli 
tician;  Organizer  and  Leader  of  a  Band  of  Gladiator* 
in  Opposition  to  Clodius. 

SPARTACUS,  Lieutenant  of  Clodiu^  Band. 

VETTIUS,  A  JSpy  in  the  pay  of  ^Cicero. 

A  SOOTHSAYER. 

AURELIA  ORESTILLA,  Wife  of  Catiline. 

CLODIA,  Sister  of  Clodius,  Mistress  of  'Catullus. 

FULVIA,  Mistress  of  Quintus  Curius. 

SENATORS,  CITIZENS,  GLADIATORS  AND  SOLDIERS. 

TIME:  The  last  days  of  the  Eoman  Republic. 
PLACE:  Rome. 


THE  HAZARD  OF  THE  DIE 


ACT  I.    SCENE  I. 

A  Seclud.ed  Street  In  Rome. 
Time:  Forenoon. 

Enter  Catiline  alone,  dressed  in  a  toga. 

Cat:  Now  by  the  Gods  I'll  do  a  deed  of  blood 

That  certes  shall  trump  my  fame  to  the  world's  end. 

That  shall  the  name  of  Catiline  surround 

With  nimbus  dread  of  horror,  and  black  death, 

With  divine  cloud  of  rapine  and  revenge, 

That  knows  no  equal  this  side  Phlegethon! 

Methinks  I  see  the  city  now  aflame — 

This  haughty  city,  this  proud  conquering  Rome. 

Who  sets  her  foot  upon  wide-breathing  earth 

And  bids  the  world  yield  tribute  to  her  lust. 

Ha !  Thou  great  harlot  I  shall  make  thee  writhe 

Squirm  and  contort  thyself  in  Hellish  pain 

When  once  my  plans  swift  ripening  gather  head. 

Then  let  the  haughty  Senators  beware — 

Those  iron  fools  who  know  no  law  but  gain 

Whose  daily  thought  and  daily  care  are  but 

How  t'  cause  their  crop  of  sesterce  to  increase — 

To  see  two  coin  where  was  but  one  before. 

My  purpose  is  to  seize  the  government 

Snatch  her  grand  reins  from  out  the  feeble  hands 

Of  Cicero,  that  old  wife  in  man's  garb. 

That  self-sufficient  upstart  with  a  tongue 

A  silver  tongue  I'll  grant  but  only  tongue 

Sans  heart,  sans  eyes,  sans  skill  sans  all  but  tongue. 

A  bigger  coward  never  walked  abroad 

Than  that  same  smug-faced  parvenu-poltroon. 

Some  lusty  spirits  have  I  now  in  train — 

Caesar  that  easy  bold  voluptuary 

Whose  heart's  as  cold  as  his  dark  lusts  are  hot 


THE      HAZARD      OF     THE     DIE 


Whose  breath  is  power  no  matter  how  come  by 

Whose  morals  are  as  easy  as  his  ways. 

Suave,  smooth,  polite,  e'er  cordial  Caesar  is, 

An  easy-going,  smooth,  good-natured  man — 

But  o'  th'  share  o'  th'  spoil  his  must  the  lion's  be. 

But  master  ne'er  hath  met  this  Catiline. 

Fierce  Caius  Cethegus  that  soul  of  steel ! 

Ne'er  saw  I  yet  a  firmer  heart  than  his 

Danger's  the  trumpet  that  doth  rouse  his  soul ! 

And  Sulla  brother  might  be  to  Cethegus 

So  firm  his  spirit  and  so  sure  his  soul — 

The  brightest  jewels  in  my  carcanet 

A  ruby  and  a  diamond  they  gleam ! 

Mark  Crassus  cometh  next  into  our  ken. 

A  cold  and  calculating  business-man 

Whose  every  thought  is  for  his  money-bags. 

But  these  same  money-bags  do  have  their  use 

When  't  comes  to  paying  troops  to  win  our  cause. 

Next  a  bold  spirit  Quintus  Curius 

Of  proud  ancestry  and  of  courage  high 

But  curst  mercurial  and  giv'n  to  talk. 

But  if  Adversity  can  steel  the  soul 

And  burn  out  weakness  in  the  fires  of  woe 

No  man  should  be  more  firm  than  Curius. 

Last  the  slow-moving  haughty  Lentulus. 

The  weakest  blade  in  all  my  armoury 

But  great  his  station  and  grand  his  mighty  gens 

Cornelian — Sulla's  own — my  late  great  chief's, 

With  such  a  galaxy  of  jewels  rare 

I'll  deck  my  diadem  of  Lord  of  Rome — 

Hist !  Who  comes  here  followed  by  martial  tramp  ? 

Enter  Clodius  Fully  Armed  at  the  Head  o\f  his  Band  of 
Gladiators,  also  Fully  Armed  with  Sword  and  Shield. 

Well  met  bold  son  of  Mars,  well  met.  I  say.  And  you 
stout  fellows  (Making  a  Militant  Salute  to  the  Gladi 
ators  who,  Drawing  Swords  and  Saluting  Catiline. 
form  a  Line  of  Battle  across  the  Stave  and  Stand  at 
"Attention"  with  Drawn  Swords}  bid  ye  welcome, 
too. 


THE      HAZARD      OF     THE      DIE 


Clod.:  My  Catiline,  how  wags  the  world  with  thee? 
Cat.:  E'en  passing  well,  bold  Clodius,  passing  well. 
Clod. :  'Tis  well.    Hast  any  news  to  tender  me  to-day  ? 
Cat. :  None,  Clodius,  none.  The  times  with  me  are  dull. 
Clod. :  Ha !  Say  you  so.    Methought  that  Catiline 

Ne'er  rested  day  or  night  from  plot  or  scheme — pardie. 
Cat.:  Than  Catiline  is  no  man  more  maligned 

Believe  me  Clodius,  none — not  one  sole  one. 
Clod.:  Well,  I  must  jog  for  Milo  is  agog. 

His  band  doth  prowl  the  Forum,  so  I'm  told. 
Cat.:  Be  cautious  how  you  clash  with  that  same  man. 

Your  band's  too  precious  to  be  risked  in  brawl. 
Clod.:  We  know  our  worth — eh  soldiers? 
Gladiators:    (Clashing  their  Swords  against  their  Shields] 

That  we  do ! 
Cat. :  I'll  jog  with  you  my  home  you  know's  hard  by. 

(Catiline  and  Clodius  put  themselves  at  the  Head  of  the 
Band  and  exeunt). 


ACT  I.     SCENE  II. 

Garden  In  The  House  Of  Catullus. 
Time:  Afternoon.    About  Sunset.    Same  Day. 

Clodia  Reclining  on  a  Couch  under  an  Arbour — Embow 
ered  in  Roses — to  the  right  of  the  stage,  Catullus  Kneeling  by 
her  Side. 

Catul.:  My  sweetest  girl  my  soul  doth  lone:  for  thee, 
As  longs  the  winter  for  the  summer's  sun. 

Clo. :  For  shame  my  lusty  Cains  for  shame  now 

Thou  knowest  that  thou  liest  when  thou  speak'st, 
For  I  full  well  do  know  thy  truant  mind 
And  how  thou  soarest  like  a  bird  of  prey 
E'er  spying  out  some  victim  from  on  high, 
Thou  know'st  that  I  speak  truth  thou  know'st  I  do. 

Catul.:  Clodia,  my  darling,  how  cans't  thou  torture  me? 
How  cans't  thou  turn  the  knife  within  the  wound 
Which  thy  sweet  beauty  makes  within  my  heart? 


THE      HAZARD     OF     THE     DIE 


Clo. :  Because,  my  Gains,  it  doth  pleasure  me 

To  see  thy  precious  face  distraught  with  woe. 

You  must  remember  that  I  female  am, 

And  therefore  pain  and  pleasure  e'er  go  hand  in  hand. 

Pain  starts  the  pleasure,  pleasure  stops  the  pain 

What  one  begins  the  other  stops  withal 

Provided  always  that  sweet  love  is  there; 

Sweet  love,  that  high  priest  of  all  mystery, 

That  magic  solvent  which  dissolves  all  doubts, 

All  fears — all  shudderings  o'  th'  fearful  soul. 

So  kiss  me,  Caius,  kiss  me  and  forget 

That  e'er  thy  Clodia  dared  to  ruffle  thee. 

Catul. :  (Embracing  and  Leaning  Over  Her}  — 
Ah!  Clodia,  darling,  thou  dost  fire  my  soul 
With  all  the  joys  and  pangs  that  Ecstacy 
E'er  .gathered  in  her  hand  to  terrify, 
And  joy  the  lovers  who  did  worship  her. 

Clo.:  Dear  Caius,  my  heart  bleeds  to  tear  thee  thus, 
To  tear  thy  generous  and  fiery  soul, 
That  I  may  hear  thy  poet's  words  gush  forth 
Like  drops  of  blood  from  out  thy  tortured  heart, 
But  trust  me,  Caius,  I  do  love  thee  so, 
That  didst  thou  guess  the  sum  thou'dst  happy  be. 
So  kiss  me,  darling,  and  forgive  me  sweet. 

Catul. :  Kiss  thee,  my  love !  Would  that  the  rest  of  life 
Did  but  consist  of  kissing  thy  rich  lips, 
Those  lips,  that  like  the  petals  of  the  rose, 
Unfold  upon  the  impress  of  the  sun. 
(Kisses  her}. 

Clo. :  My  Caius,  thou  dost  make  me  almost  wish 
That  I  were  maid  once  more  and  free  to  wed. 
You  start.     Perchance  you  wonder  at  my  words, 
Perchance  you  wonder  that  I  do  not  yearn 
To  be  a  maid  once  more  and  know  no  more 
Of  Love  and  her  sweet  mysteries  divine, 
Than  did  your  Clodia  ere  she  married  was. 
You  men  do  know  no  more  of  a  sweet  maiden's  thoughts 
Of  a  sweet  maiden  gently  nurtured,  nobly  raised, 
Than  men  do  know  what  the  Immortals  think — 
Of  what  vast  thoughts  do  pass  thro'  Jove's  great  brain, 


THE     HAZARD     OF     THE     DIE 


Or  enter  the  calm  mind  of  Juno  queen 

Of  all  the  heavenly  host  Olympus-ward. 

No  Caius,  man's  gross  mind  can  never  guess, 

The  vague  dim  thoughts  that  paint  a  maiden's  dream, 

Her  dream  of  Love — of  Love  and  Mystery — 

The  mystery  of  Passion  and  the  pangs 

That  hover  o'er  the  door  that  bars  the  heart ! 

You  men  being  but  men  guess  not  the  things 

That  make  up  love  in  a  pure  maiden's  soul; 

Such  being  so  you  wonder  why  I  wish 

To  be  a  maid  of  innocence  once  more 

Instead  of  what  I  am,  a  Roman's  wife, 

And  at  the  time  a  Roman  poet's  love. 

A  Roman  wife  in  these  degenerate  days 

When  the  Republic  staggers  to  her  fall 

Must  needs  have  lovers  or  be  bored  withal — 

Unless  that  husband  mayhap  be  a  man 

Who  towers  to  the  height  of  Catiline, 

That  giant  schemer  in  affairs  of  State, 

And  dare-devil  gambler  in  affairs  of  death! 

A  man  like  Catiline — of  his  great  mold 

Might  well  amuse  whimseyist-mooded  maid 

That  e'er  exchanged  a  snood  for  matron's  garb — 

Catul. :  Ha !  There  you  stab,  Clodia,  to  the  heart, 
I  have  been  patient — witness  that  I  have 
I  let  you  name  that  fiend  and  held  my  peace, 
But  now  I  cry  you  mercy.    Hold !     Enough. 

Clo. :  Fiend !  And  for  what!  For  putting  his  just  rights 
Of  life  and  death  upon  his  son  in  force  ? 
The  law  allows  that  he's  sole  judge  of  that. 
Well  now  let's  glimpse  the  son.     A  sullen  lout, 
Mulish  and  obstinate  as  Spanish  mule, 
Timid  withal,  and  sure  to  bring  disgrace 
Upon  the  noble  name  of  Catiline  if  'd  lived. 
Cold  hearted,  churlish,  dull  and  weak  he  was 
As  ever  yet  saw  I  in  man's  shape  stand. 
How  Catiline  e'er  FathereM  such  a  clown 
The  God's  in  their  omniscience  only  know. 
Aurelia  Orestilla,  Catiline 
Did  love.    His  wife  being  dead  he  wooed  her. 


THE      HAZARD      OP     THE     DIE 


Aurelia  proud  and  haughty  as  her  name 
Exalted  as  her  rank,  high  as  her  wealth, 
Despised  the  prospect  of  such  incubus 
And  frankly  told  bold  Catiline  her  views — 
Either  his  son  must  go  or  his  love-suit. 
A  recent  quarrel — one  of  many  brawls 
Twixt  brilliant  parent  and  most  brutish  son — 
Furnished  the  impulse  needed  for  the  deed 
And  the  earth  closed  over  that  dark  episode. 
I  grant  you  it  sounds  hard,  hard  as  the  name 
Of  Roman  ever  stood  before  the  world. 
But  law  is  law,  and  law  backs  Catiline. 

Catul. :  So  help  me  Mercury !  My  Clodia 
Ne'er  heard  I  yet  a  pleader  at  the  bar, 
I  bar  not  one!     Not  Julius  Caesar — aye! 
Nor  great  Hortensius,  nor  Cicero, 
Not  Marcus  Tullius,  the  voice  of  Rome, 
Ne'er  heard  I  orator  to  equal  thee 
In  daring,  in  audacity  and  skill 
At  championing  a  case  most  desperate. 

Clo. :  The  cause  is  not  so  desperate  as  it  sounds. 
The  law  that  gives  the  Parent  right  of  life 
And  death  o'er  his  own  offspring  that  is  desperate 
As  desperate  a  law  as  e'er  was  born 
In  the  foul  purlieus  of  the  human  heart. 
But  I  must  leave  thee  my  Valerius 
And  to  my  stolid  husband  haste  me  home. 

Catul. :  'Tis  well  my  sweet  since  Cicero  doth  come 
Accompanied  by  suave  Sallustius 
To  consult  with  me  o'er  some  recent  things 
Which  each  within  his  separate  domain 
Of  letters  hath  achieved  by  his  Muse. 

Clo.:  Farewell  and  Venus  keep  thee  till  we  meet  again. 

Catul. :  (Embracing  her  as  she  rises  and  moves  off  the  stage}- 
Farewell  my  heart  to  Jove  I  thee  commend. 

(Exit  Clodia). 

(Taking  a  Roll  of  Manuscript  \from  a  Small  Table  near)- 
Let  me  now  seize  the  few  swift  bits  of  time 
That  vet  remain  ere  mentor  Cicero 


10  THE      HAZARD      OF     THE      DIE 

And  smooth  Sallustius  Crispus  shall  appear. 

(Plunges  into  the  Manuscript  after  Seating  Himself  on 

the  Empty  Couch. 

Enter  Cicero  and  Caius  Sallustius  Crispus,  Preceded  by 
Lictors  Bearing  Fasces.    Catullus  Rises  and  Greets 
each  ^Cordially.    Each  Seats  Himself  on  a  Chair  and 
P*ulls  out  a  Manuscript  from  the  Folds  of  his  Toga. 
Catullus — After   the    Couch   has   been    Declined   by 
Each — Seats  Himself  upon  Same). 
Cic. :  My  worthy  poet  how  inspires  the  Muse? 
Catul. :  My  stern  mentor  the  Muse  hath  gracious  been. 
Cic.:  Prithee  salute  us  with  Her  music  then. 
Catul.:  Right  gladly  master  mine.  Lend  now  thine  ear. 

To  MARCUS  TULLIUS  CICERO. 
"Marcus  Tullius,  most  eloquent  of  the  race 
Of  Romulus,  of  all  that  are,  that  have  been 
And  that  shall  be  in  future  years,  Catullus 
Thanks  you  heartily,  Catullus  the  worst 
Of  poets — as  much  the  worst  of  poets 
As  you  are  the  best  of  all  advocates."! 
Cic. :  'Tis  well.  "Best  of  all  advocates,"  is  well 

That  line  doth  paint  thy  master  and  thy  friend. 
That  little  gem  I'll  carry  to  my  grave 
Hand  me  't  Catullus  an  you  love  me  now ! 

(Hands  Manuscript  to  Cicero  who  Smilingly  Peruses 

it). 

Catul.:  Thine  Eloquence  hath  won  thee  that  small  meed 
Of  praise  from  thy  victorious  client 
Through  thy  force  of  oratory  thy  strength — 
Which  won  his  cause  which  thou  didst  champion. 
Sal.:  My  Catullus  that  little  gem  doth  shine 
Like  diamond  upon  finger  of  a  king. 
Prithee  indite  me  one  as  brilliant  in  its  gleam. 
Catul.:  With  all  my  heart.  Sallustius  mark  thee  now 

(Taking  a  set  of  Writing  Tablets  and  Stylus  out  of  a 
<fold  of  his  Toga  and  After  a  Moment's  Thought  Writ 
ing)— 


tPoem  actually  written  by  Catullus  to  Cicero  upon  the  occasion 
of  the  latter's  winning  a  law  suit  for  him.  Translation  found  in 
Bonn's  Library. 


THE      HAZARD     OF     THE      DIE  11 

To  CAIUS  SALLUSTIUS  CRISPUS. 
"As  Cicero  doth  wield  a  champion's  tongue 
The  tongue  of  orator  and  advocate 
/So  o'er  Sallusts'  door  is  victor's  garland  hung 
As  the  historian  of  Rome's  mighty  State." 

Sal.:  (Starting  up  and  Grasping  the  Tablets}. 
By  Bacchus  my  Catullus  that  is  fine! 
As  fine  a  ring  hath  that  as  rich  a  tone 
As  divine  Homer's  own  wave-echoing  roar! 

Cic. :  He  doth  not  flatter  thee  I  do  assert, 

As  judge  of  letters  I  that  judgment  give. 

Catul. :  (Bowing  his  acknowledgments}. 
As  favour  now  I  crave  a  specimen 
Of  what  his  Muse  hath  given  to  each  one — 
Since  last  we  did  foregather  in  this  place. 

Sal. :  Let  mighty  Cicero  be  first  in  this. 

Cic.:  Agreed,  Sallustius,  I'll  e'en  now  begin. 

(Cicero  Unfolds  the  Roll  he  had  Taken  from  his  Toga 
on  Entering  and  Reads}  — 

EPITAPH   FOR  THE  TOMB  OF  MARCUS  TULLIUS   CICERO. 
"Here  lies  the  dust  of  Rome's  protecting  tongue, 
Tongue  of  Marcus  Tullius  Cicero; 
Whose  accents  firm  did  guide  the  Ship  of  State 
Amidst  the  perils  of  these  darksome  days. 
Bold  were  its  accents  as  his  heart  was  firm, 
Calm  and  undaunted  midst  a  sea  of  fears ! 
A  Roman  he  of  antique  mold    indeed, 
Who  set  the  fashion  of  a  nobler  day." 
Sal. :  As  true  as  modest !  Modest  'tis  as  true. 
Catul.:   (Aside}.    Modest!    Ha!     (Aloud}.    Simplicity    itself 

spoke  there! 

Give  me  a  man  who  spurns  a  flattering  tongue, 
Give  me  that  man — I'll  name  him  Cicero ! 

(Cicero  Bows  ^Complacently.  Sallust  Glances  Furtively 
at  Catullus  to  Discover  Whether  the  Latter  is  Jok 
ing  or  not.    Catullus  Preserves  a  Sphinx-like  Coun 
tenance,  and  Gravely  Continues.} 
Our  mighty  master's  soul  abhors  such  things 
His  Roman  virtue  tramples  on  conceit! 


12  THE     HAZARD     OF     THE     DIE 

Catul. :  (Aware  that  Sallust  is  Watching  Him,  and  to  Throw 
Dust  in  His  Eyes,  Catullus  Breaks  off  Sud 
denly  and  Turning  and  Looking  Sallust 
Straight  in  the  Eye  with  a  Sternly  Straight 
Face,  says] : 

Sallustius  Crispus  render  up  the  spoil 
That  thy  most  mighty  Muse  vouchsafed  to  thee. 

(Sallust  Bowing  and  Unfolding  the  Roll  he  had 
taken  jrom  his  Toga  reads] : 

Lucius  SERGIUS  CATILINE. 

f  "Lucius  Catiline  was  a  man  of  noble  birth,  and 
of  eminent  mental  and  personal  endowments; 
but  of  a  vicious  and  depraved  disposition.  His 
delight  from  his  youth,  had  been  in  civil  com 
motions,  bloodshed,  robbery  and  sedition;  and 
in  such  scenes  he  had  spent  his  early  years.  His 
constitution  could  endure  hunger,  want  of 
sleep,  and  cold,  to  a  degree  surpassing  belief. 
His  mind  was  daring,  subtle,  versatile,  capable 
of  pretending  or  dissembling  whatever  he 
wished. "ff 


tSallust's — The  Conspiracy  of  Catiline.      (Translation  found  in 
Bonn's  Library.) 

ttThe  preceding  year  had  been  marked  by  the  appearance  of  a 
man  destined  to  an  infamous  notoriety,  L.  Sergius  Catilina,  familiar 
to  all  under  the  name  of  Catiline. 

For  some  time  after  the  death  of  Sulla  the  weariness  and  desire 
of  repose  which  always  follows  revolutionary  movements  had  dis 
posed  all  men  to  acquiesce  in  the  rule  established  by  the  Dictator. 
But  more  than  one  class  of  persons  found  themselves  ill  at  ease.  The 
families  proscribed  by  Sulla  cherished  the  thought  that  they  might 
recover  what  they  had  lost,  and  the  enthusiasm  displayed  when  Caesar 
restored  the  trophies  of  Marius  revealed  to  the  Senate  the  numbers 
and  the  reviving  hopes  of  their  political  enemies.  Besides,  there  were 
a  vast  number  of  persons,  formerly  attached  to  Sulla,  who  shared 
their  discontent.  The  Dictator  left  all  real  power  in  the  hands  of  a 
few  great  families.  His  own  creatures  were  allowed  to  amass  money, 
but  remained  without  political  power;  and  soon  after  his  death  they 
found  themselves  reduced  to  obscurity.  With  the  recklessness  of  men 
who  had  become  suddenly  rich,  they  had  squandered  their  fortunes 
as  lightly  as  they  had  won  them.  These  men  were  for  the  most  part 
soldiers,  and  ready  for  any  violence.  They  only  wanted  chiefs.  These 
chiefs  they  found  among  the  profligate  members  of  noble  families, 
who  like  themselves,  were  excluded  from  the  counsels  of  the  re 
spectable,  though  narrow-minded  men,  who  composed  the  Senate  and 
administered  the  government.  These  were  the  young  nobles,  effeminate 


13 


Cic. :       I  must  confess  scant  justice  you  him  do. 

A  mighty  soul  hath  Catiline  in  truth, 

Loyal  to  friends  unto  the  very  death 

A  stranger  too  to  pettiness  in  ought 

To  meanness  or  hypocrisy  a  foe. 

Kemember  his  wild  youth  in  Sulla's  day 

When    blood   did    flow   like   water  through   Rome's 
streets, 

When  bloodshed  was  the  trade  of  all  who  lived. 

The  times  do  make  the  man.    Bear  that  in  mind. 
Sal.:        Tis  true,  great  master.    What  you  say  is  true. 

My  Muse  did  draw  the  long  bow  in  those  lines. 
Catul. :    Permit  me  to  dissent.     I  praise  thy  Muse. 
Cic. :       Enough  of  this,  the  time  draws  on  apace, 

And  I  must  hence  upon  affairs  of  State. 
Catul. :    Farewell  great  master  till  we  meet  again. 
Cic. :        Farewell. 
Sal.:  (To  Catullus) - 

Farewell,  most  eloquent  of  poet-kings. 
Catul. :    Farewell. 

(Exeunt] . 


and  debauched,  reckless  of  blood,  of  whom  Cicero  speaks  with  horror. 
Of  these  adventurers  Catiline  was  the  most  remarkable.  He  be 
longed  to  an  old  Patrician  Gens.  A  beautiful  and  profligate  lady,  by 
name  Aurelia  Orestilla,  refused  his  proffered  hand  because  he  had  a 
grown-up  son  by  a  former  marriage ;  this  son  speedily  ceased  to  live. 
Notwithstanding  his  crimes,  the  personal  qualities  of  Catiline  gave 
him  great  ascendency  over  all  who  came  in  contact  with  him.  His 
strength  and  activity  were  such,  that  he  was  superior  to  the  soldiers 
at  their  own  exercises,  and  could  encounter  skilled  gladiators  with 
their  own  weapons.  His  manners  were  frank,  and  he  was  never  known 
to  desert  Ms  friends.  By  qualities  so  nearly  resembling  virtues,  it 
is  not  strange  that  he  deceived  many,  and  obtained  mastery  over 
more.  He  had  already  served  as  Praetor  in  the  city,  had  then  be 
come  Governor  of  the  Province  of  Africa. — The  Students  Rome—— 
(A  History  of  Rome)  By  Henry  G.  Liddell,  D.  D.,  Dean  of  Christ 
Church,  Oxford. 


14  THE     HAZARD     OF     THE     DIE 

ACT  I.     SCENE  III. 

The  House  of  Catiline. 
Time:  Dark.     Same  Day. 

Catiline  Discovered  Reclining  upon  a  Couch  after 
JSupper.  Aurelia  Orestilla  on  Another  Couch, 
Across  the  Table,  opposite  him. 

Cat.       "Aurelia  I  grow  weary  of  the  world, 

Come   twine  thy  tendril  fingers  in  my  hair. 

Aurel. :  (Rising  and  Kneeling  Down  at  the  Head  of  hi* 
Couch  and  Gently  Stroking  his  Forehead  and 
Head) — 

My  Sergius,  tell  thy  sweetheart  what  is  wrong, 
What  goes  amiss    amidst  thy  profound  plans? 

Cat.:       I  fear  me  some  rash  tongue  may  spoil  the  game, 
Some  babbler  to  his  mistress  spring  the  trap, 
Ere  I  have  gathered  in  its  iron  jaws, 
The  purse-proud  Senators  I  angle  for. 
On  Quintus  Curius  I  look  askance. 
That  gamester-profligate  would  stake  his  soul 
To  satisfy  that  cormorant  Fulvia. 
An  did  she  e'en  but  guess  a  plot  is  on 
She'd  worm  it  from  him  e'er  the  break  of  day! 

Aurel. :   My  Sergius,  permit  me  to  observe 

That  for  a  man  of  your  vast  generalship 

A  puzzle-riddle  like  unto  the  Sphinx' 

Is  set  by  sight  of  that  man  'midst  thy  schemes! 

A  man  whose  levity  doth  battle  strong, 

To  gain  the  mastery  o'er  his  impudence, 

Who  prates  as  glibly  of  his  secret  things 

As  he  doth  babble  those  entrusted  him. 

My  lord,  I  wonder  in  mine  inmost  soul 

Of  what  you  thought  when  thou  didst  harbour  him. 

Cat.:       Aurelia,  thou  speak'st  well.     I  blundered  there. 

Tis  thus  it  came  about.    When  the  plot  was  young, 
And  I  had  not  five  names  to  count  upon, 
Quintus  Curius  approached  me  for  a  loan. 
His  straits  and  insults  at  the  Senate's  hands 


THE      HAZARD     OF     THE     DIE  16 

Which  expelled  him  when  it  itself  was  worse — 
Held  names  more  black  than  Quintus  Curius' — 
Did  deeply  touch  my  heart.    Besides  he's  brave, 
Marcus  Curius  Dentatus'  blood's  in  him — 
The  breed  the  rugged  Pyrrhus  did  confront — 
And — for  the  time  at  least — hate  made  him  stern. 
Methought  his  deadly  wrongs  at  the  Senate's  hands 
Had  nerved  his  soul  forever  'gainst  those  men — 
That  hate  would  tie  his  tongue,  ballast  his  mind, 
And  make  him  worthy  of  our  company. 

Aurel. :    I  pray  the  Gods,  my  Sergius,  it  be  so. 

Cat. :  ( Sighing )  — 

No  earthly  interest  could  divert  his  mind, 
His  every  earthly  interest  is  with  us — 
Power,  revenge,  wealth,  fame,  and  ease  and  all 
That  makes  this  weary  world  a  paradise, 

(Taking  her  Hand  and  Stroking  it}. 
When  there  be  added  to  it  thy  sweet  love. 

Aurel.:    Dear,  my  lord,  I  thank  thee  for  that  little  word — 
That  love  crept  in  with  thy  dark  mind  aflame 
With  doubt,  and  wrestling  strong  'gainst  treachery 
Within  thy  ranks,  and  yet  sweet  love  crept  in. 

Cat. :       Thou  art  the  star  that  lightens  my  dark  life 
Aurelia.  Thy  sweet  face,  thy  beauty  glorious, 
Shed  o'er  my  tragic  life  a  ray  serene 
That  makes  life  worth  the  struggle  and  the  pain 
That  it  hath  ever  been  to  Catiline. 

(Knocking  heard). 
Who  knocks? 

Slave:         (Entering  and  b&wing). 

My  lord,  six  men  close-muffled,  with  their  faces  hid 
In  their  toga-folds,  who  will  not  give  their  names. 

Cat.:  (Aside  to  Aurelia) — 

The  numbers's  right  'tis  the  Conspirators. 

Aurel.:        (Aside  to  Catiline)  — 

My  lord,  had  you  not  best  be  sure — I  fear — 

Cat.:  (Smilingly,  aside) — 


16  THE     HAZARD     OF     THE     DIE 

Assassination?    There  be  no  six  in  Rome, 
E'en  gladiators  dare  that  contract  sign.f 


tTHE  DEATH  OF  CATILINE. 

tCatiline,  when  he  saw  that  he  was  surrounded  by  mountains  and 
by  hostile  forces,  that  his  schemes  in  the  city  had  been  unsuccessful, 
and  that  there  was  no  hope  either  of  escape  or  of  succour,  thinking 
it  best,  in  such  circumstances,  to  try  the  fortune  of  a  battle,  resolved 
upon  engaging,  as  speedily  as  possible,  with  Antonius.  Having,  there 
fore,  assembled  his  troops,  he  addressed  them  in  the  following  manner: 

LVIII.  "I  am  well  aware  soldiers,  that  words  cannot  inspire 
courage;  and  that  a  spiritless  army  cannot  be  rendered  active,  or  a 
timid  army  valiant,  by  the  speech  of  its  commander.  Whatever  courage 
is  in  the  heart  of  a  man,  whether  from  nature  or  from  habit,  so  much 
will  be  shown  by  him  in  the  field;  and  on  him  whom  neither  glory 
nor  danger  can  move,  exhortation  is  bestowed  in  vain;  for  the  terror 
in  his  breast  stops  his  ears. 

"I  have  called  you  together,  however,  to  give  you  a  few  instruc 
tions,  and  to  explain  to  you,  at  the  same  time,  my  reasons  for  the 
course  which  I  have  adopted 

"Whithersoever  we  would  go,  we  must  open  a  passage  with  our 
swords.  I  conjure  you,  therefore,  to  maintain  a  brave  and  resolute 
spirit;  and  to  remember,  when  you  advance  to  battle,  that  on  your 
own  right  hands  depend  (In  dextris  portare,  "That  you  carry  in  your 
right  hands")  riches,  honour,  and  glory,  with  the  enjoyment  of  your 
liberty  and  of  your  country.  If  we  conquer,  all  will  be  safe;  we  shall 
have  provisions  in  abundance;  and  the  colonies  and  corporate  towns 
will  open  their  gates  to  us.  But  if  we  lose  the  victory  through  want 
of  courage,  those  same  places  will  turn  against  us;  for  neither  place 
nor  friend  will  protect  him  whom  his  arms  have  not  protected." 

"We  might,  with  the  utmost  ignominy,  have  passed  the  rest  of  our 
days  in  exile.  Some  of  you,  after  losing  your  property,  might  have 
waited  at  Rome  for  assistance  from  others.  But  because  such  a  life, 
to  men  of  spirit,  was  disgusting  and  unendurable,  you  resolved  upon 
your  present  course.  If  you  wish  to  quit  it,  you  must  exert  all  your 
resolution,  for  none  but  conquerors  have  exchanged  war  for  peace.  To 
hope  for  safety  in  flight,  when  you  have  turned  away  from  the  enemy 
the  arms  by  which  the  body  is  defended,  is  indeed  madness.  In  battle, 
those  whd  are  most  afraid  are  always  in  most  danger;  but  courage 
is  equivalent  to  a  rampart. 

"When  I  contemplate  you,  soldiers,  and  when  I  consider  your 
past  exploits,  a  strong  hope  of  victory  animates  me.  Your  spirit,  your 
age,  your  valour,  give  me  confidence;  to  say  nothing  of  necessity, 
which  makes  even  cowards  brave.  To  prevent  the  numbers  of  the 
enemy  from  surrounding  us,  our  confined  situation  is  sufficient.  But 
should  fortune  be  unjust  to  your  valour,  take  care  not  to  lose  your 
lives  unavenged;  take  care  not  to  be  taken  and  butchered  like  cattle, 
rather  than,  fighting  like  men,  to  leave  your  enemies  a  bloody  and 
mournful  victory." 

LDL  When  he  had  thus  spoken,  he  ordered,  after  a  short  delay, 
the  signal  for  battle  to  be  sounded,  and  led  down  his  troops,  in  regu 
lar  order,  to  the  level  ground.  Having  then  sent  away  the  horses  of 
all  the  cavalry,  in  order  to  increase  the  men's  courage  by  making 
their  danger  equal,  he  himself,  on  foot,  drew  up  his  troops  suitably 
to  their  numbers  and  the  nature  of  the  ground. 


THE      HAZARD      OF     THE     DIE 


Aurel. :       (Regaining  her  usual  calm  air} — 

I  know  thy  prowess  and  I  fear  no  more 
Thou  hast  recalled  the  fame  of  Catiline. 

(Catiline  rises  and  \Conducts  Her  to  the  Door,  Kiss 
ing  her  Hand  as  he  Leaves  Her.} 
(To  slave}  :      You  may  admit  the  men. 
Slave:     I  go,  my  lord. 

(Exit) 


As  a  plain  stretched  between  the  mountains  on  the  left,  with  a 
rugged  rock  on  the  right,  he  placed  eight  cohorts  in  front,  and  sta 
tioned  the  rest  of  his  force,  in  close*  order,  in  the  rear. 


LK.  When  he  had  made  a  complete  survey,  he  gave  the  signal 
with  the  trumpet,  and  ordered  the  cohorts  to  advance  slowly.  The 
army  of  the  enemy  followed  his  example;  and  when  they  approached 
BO  near  that  the  action  could  he  commenced  by  the  light-armed  troops, 
both  sides,  with  a  loud  shout,  rushed  together  in  a  furious  charge. 
They,  threw  aside  their  missiles,  and  fought  only  with  their  swords. 
The  veterans,  calling  to  mind  their  deeds  of  old,  engaged;  fiercely  in 
the  closest  combat.  The  enemy  made  an  obstinate  resistance;  and 
both  sides  contended  with  the  utmost  fury,  Catiline  during  this  time, 
was  exerting  himself  with  his  light  troops  in  the  front,  sustaining 
such  as  were  pressed,  substituting  fresh  men  for  the  wounded,  attend 
ing  to  every  exigency,  charging  in  person,  wounding  many  an  enemy, 
and  performing  at  once  the  duties  of  a  valiant  -soldier  and  a  skilful 
general. 


Manlius  and  the  Faesulan,  sword  in  hand,  were  among  the  first 
that  fell;  and  Catiline,  when  he  saw  his  army  routed,  and  himself  left 
with  a  few  supporters,  remembering  his  birth  and  former  dignity, 
rushed  into  the  thickest  of  the  enemy,  where  he  was  slain,  fighting  to 
the  last. 

LXI.  When  the  battle  was  over,  it  was  plainly  seen  what  bold 
ness,  and  what  energy  of  spirit,  had  prevailed  throughout  the  army 
of  Catiline;  for,  almost  everywhere,  every  soldier,  after  yielding  up 
\is  breath,  covered  with  his]  corpse  the  spot  which  he  had  occupied 
when  alive.  A  few,  indeed,  whom  the  praetorian  cohort  had  dispersed, 
had  fallen  somewhat  differently,  but  all  with  wounds  in  front.  Catiline 
himself  was  found,  far  in  advance  of  his  men,  among  the  deadl  bodies 
of  the  enemy;  he  was  not  quite  breathless,  and  still  expressed  in  his 
countenance  the  fierceness"  of  spirit  which  he  had  shown  during  his 
life.  Of  his  whole  army,  neither  in  the  battle  nor  in  flight,  was  any 
free-born  citizen  made  prisoner,  for  they  had  spared  their  own  lives 
no  more  than  those  of  the  enemy. 

Nor  did  the  army  of  the  Roman  people  obtain  a  joyful  or  blood 
less  victory;  for  all  their  bravest  men  were  either  killed  in  the  battle, 
or  left  the  field  severely  wounded. 

The  Conspiracy  of  Catiline — Sallust   (Bohn's  Library)- 


18 


Cat:       Now  for  a  wizard's  eye  to  plumb  the  souls 
Of  these  six  men  who  hold  my  life  in  fee ! 

(Enter  Julius  Caesar,  Marcus  Crassus,  Marcus  Cor 
nelius  Lentulus,  Caius  Cethegus,  Caius  Sulla,  and 
Quintus  Curius,  All  Closely  Muffled). 
Will  ye  have  couches  brought? 
Caes. :     A  chair  for  me  a  curule  magistracy  ! 
Cras. :    \ 
Ceth.:    / 
Sul  •      'S    ^  curu^e  cnair  f°r  all — 'twill  suit  us  all. 


Cur.: 

Lent.:     Not  me,  no  chair  was  ever  built  suits  me. 

Cat.:       Take  then  the  couch.    I'll  bear  thee  company. 

(The  Conspirators  seat  themselves  upon  Ivory 
Chairs  Inlaid  ivith  G*old,  standing  against  the 
walls.  Lentulus  reclining  slowly  upon  the  couch 
recently  occupied  by  Aurelia.  Catiline  says: 
"Bring  wine."  The  slave  makes  an  obeisance, 
disappears  and  almost  immediately  reappears 
bearing  an  Amphora,  which  he  places  upon  the 
table  before  Catiline.  He  is  followed  by  seven 
other  brawny  slaves  each  bearing  a  large  Silver 
Goblet  in  his  right  hand,  while  in  his  left  he 
bears  an  Earthen-Ware  Vessel  filed  with 
water.  This  each  slave  sets  by  the  side  of  the 
Goblet  before  each  man  at  table.  The  Major- 
Domo,  or  first  slave,  then  marshals  his  men  and 
awaits  orders  from  Catiline.  Catiline  observing 
them,  silently  dismisses  them  with  a  wave  of  the 
hand.  So  soon  as  the  door  closes  the  Conspira 
tors  discover  their  features.  Catiline  rises  and 
goes  the  rounds  of  the  table  warmly  grasping 
both  hands  of  each  Conspirator  as  he  greets  him. 
As  he  grasps  those  of  Quintus  Curius  he  gazes 
intently  into  his  eyes  with  concentrated  penetra 
tion.  Curius  returns  the  gaze  frankly  and  un 
abashed.  Catiline  renews  the  pressure  of  his 
hands  on  those  of  the  former  and  suppresses 
swiftly  a  rising  sigh  of  relief.  He  then  resumes 
hi$  place  at  the  table. 


19 


Rising  and  saluting  -first  Caesar,  then  Crassus, 
then  Lentulus,  then  Cethegus,  then  Sulla,  and 
then  Curius,  turns  to  Caesar,  and  says) — 

Prithee,  be  master  of  the  feast  to-night. 
Caes. :      Right  gladly,  Sergius,  shall  I  take  that  post. 

(Catiline  thereupon  pushes  the  Amphora  until  it 
JStops  b&fore  Caesar's  chair.  Catiline  then  re 
clines  and  Caesar,  after  pouring  out  about  half 
a  Goblet  of  wine  from  the  Amphora  and  misting 
it  one-half  with  water  from  the  Vessel  for  that 
purpose  by  Ms  place,  takes  the  Goblet  in  both 
hands  and  says  before  draining  the  €up] — 

"I  pour  libation  for  the  feast  to-night." 

(Immediately  thereafter  each  Conspirator  rises  and 
walks  with  his  Goblet  to  Caesar's  side,  who  takes 
the  Goblet  and  fills  it  half  full  o\f  wine.  Each 
Conspirator  thereupon  regains  his  seat  and  pours 
in  the  proportion  of  water  his  taste  suggests  to 
dilute  the  wine — generally  about  one-half  the 
amount  of  water  that  his  Goblet  held  of  wine. 
Caesar  having  replenished  his  Goblet  as  before, 
and  diluted  same,  he  and  all  the  Conspirators  rise 
and  hold  their  Goblets  extended  in  both  hands 
elevated  before  them  to  the  full  stretch  of  the 
arms.  Caesar  then  says  solemnly) — 

As  master  of  this  solemn  feast  to-night, 

I  pour  libation  in  the  name  of  all 

Unto  the  God  we  now  invoke — dread  Mars. 

(All  Solemnly  Drain  their  Goblets,  Replenish  them 
as  before,  and,  now  that  the  Religious  Ceremo 
nies — so  to  speak — have  been  Performed,  each 
Helps  Himself — Rising  'for  that  Purpose — from 
the  Mighty  Amphora  as  his  needs  suggest  and 
Without  Further  Formality.  Upon  their  Re 
gaining  their  Respective  Seats  after  Caesar's  Du 
ties  as  Master  o\f  the  Feast  had  been  Discharged, 
Catiline  once  more  Rises  and  Says) — 
Cat.:  My  noble  friends  our  matters  move  apace. 

Our  bold  lieutenant,  Caius  Manlius — 

Racked  by  our  stern  ally  the  Faesulan — 


20  THE     HAZARD     OF     THE     DIE 

Hath  Faesulse  and  all  Etruria 

Ready  to  burst  in  flame  upon  our  sign; 

But  yesterday  a  letter  reached  me 

From  this  bold  spirit  bearing  this  good  news. 

(Murmurs  of  Approval  from  the  Conspirators). 
Two  Legions  full  hath  he,  and  fully  armed, 
Of  ancient  complement — six  thousand  men 
Each  ten  cohorts  six  hundred  men  doth  boast. 
No  army's  to  be  found  in  Italy 
Save  only  ours  under  stout  Manlius. 
Slow  Pompey  in  the  East  would  have  no  time 
To  balk  our  soldiers  ere  the  prize  were  won. 
Fair  Fortune  smiles.    The  sacred  eagle  screams, 
(Pointing  first  to  Caesar  and  then  to  a  Silver  Eagle 
on  Top  of  an  Old  Roman  Standard  of  the  Le 
gions  with  an  Altar  of  Marble  built  about  its 
Base,  Standing  at  the  Head  o\f  the  Room.) 
The  eagle  that  thine  Uncle  Marius 
Did  lead  against  the  Cimbri  and  Teutons 
And  there  did  give  him  glorius  victory. 
All's  ready  in  the  field.     Here — only  here — 
Here  in  old  Rome  there's  much  remains  to  do. 
That  much  is  dark.    That  much  d-oth  chill  the  blood, 
E"*en  mine,  who,  as  a  youth,  called  Sulla,  lord, 
And  therefore  took  part  in  the  massacres 
That  made  run  purple  all  the  streets  of  Rome — 
I  see  you  move  uneasy  in  your  seats. 

Caes. :     Bold  Catiline,  thy  words  precurse  grim  things. 

Cat. :       What  if  they  do,  no  bolder  gambler's  here 

Amidst  this  chosen  band  slow  culled  by  me, 
From  Rome's  most  daring  spirits  and  her  best — 
Her  bluest-blooded  men  of  high  renown, 
Who  worship  Fortune  and  none  other  God 
Save  Mars  and  Mercury  from  time  to  time 
As  their  occasions  turn  towards  war  or  gold — 
No  bolder  gambler's  found  amongst  this  band 
Of  chosen  spirits  for  a  high  emprise — 
A  band  that  boasts  e'en  Caius  Cethegus — 

(Pointing  at  Cethegus). 
No  bolder  spirit  can  be  found  than  Caesar's. 


21 


Caes. :      Ye  do  me  honour,  mighty  Catiline, 

Thou  before  whom  Rome  cowers  to  a  man ! 
Save  this  most  worthy  company  here  met, 

(Smiling  and  Looking  About  him). 
Whom  no  three  gladiators  in  all  Rome 
Dare  face  in  the  arena  sword  to  sword; 
Whom  no  three  soldiers  dare  draw  sword  against. 

Cat. :       You  do  me  honour  Caesar.     To  proceed. 

Ye  know  the  time  is  ripe  to  do  great  deeds — 
Great  deeds  are  born  in  blood  ye  all  know  that. 

(The  Conspirators  all  Solemnly  Bow  in  Assent] . 
As  blood  doth  mark  man's  coming  in  this  world, 
As  man  doth  leave  his  Mother  clothed  in  blood, 
So  mighty  deeds  do  leave  dread  Action's  womb 
Glitt'ring  and  dripping  o'er  with  ruby  blood. 
Ye  know  that  life  in  Rome  to-day  doth  hang 
Uncertain-wayward  as  a  weathercock. 
Ye  know  that  property  hath  hold  as  frail 
Since  property  dependeth  on  the  law, 
And  law  for  utterance  depends  on  man, 
On  a  base  judge,  whom  you  or  I  may  buy; 
Provided,  only,  we^ve  his  price  withal — 
My  good  friend,  Crassus,  why  that  crafty  smile? 

Cras. :     Because  you  speak  from  knowledge,  Catiline. 

Cat. :       What  if  I  do,  friend  Crossus  minor,  thou 
Hast  bought  a  score  of  judges  to  my  one 
For  the  best  reason  that  this  world  doth  hold — 
You  had  th'  occasion  and — you  had  the  cash — 

Ceth. :     He  had  you  there,  Mark  Crassus — had  you  there ! 

(Laughing.    All  Join  in  the  Laugh  But  Crassus, 
who  Says  Nothing  and  Looks  Gloomy.} 

Cat. :       Thy  gloomy  looks  speak  louder  than  could  words 
T'  unfold  the  goodly  sums  you've  sunk  in  courts, 
To  show  blind  Justice  the  right  way  to  go. 
But  pardon  me,  my  worthy  Senator, 
And  take  no  offence  from  my  friendly  words. 
We  all  are  bound  like  brothers  to  a  cause, 
And  each  will  bear  from  others — brothers  all! 

Caes.:     Well  said,  my  Catiline,  friend  Crassus  here 

Harbours  no  umbrage  in   his  valiant  breast. 


22 


Cras. :      Caesar  thou  sayest  well.     I  did  but  muse 
Upon  investments  that  I  have  in  hand, 
The  name  of  money  starts  me  like  a  hound 
To  plunge  upon  the  slot  and  track  to  lair. 

Cat. :       'Tis  well.    Indictment  'gainst  vile  Rome  I  now  re 
sume. 

Ye  know  that  the  Republic  is  no  more. 
Her — for  good  or  ill — Marius  did  kill, 
Sulla  thereafter  held  her  funeral. 

Caes. :     Well  put    and  true.    My  uncle,  Marius, 

Was  not  sole  cause  of  this  sad  state  of  things, 
Great  Sulla  bears  the  burden — half  and  half. 

Sul. ;       ril  share  the  onus  of  my  uncle's  act, 

Nought  did  he  do  that  I  do  not  approve. 

Caes.:     My  good  friend,  Sulla,  no  offence  is  meant, 
Those  deeds  are  buried  in  oblivion; 
We  nephews  should  not  quarrel  o'er  the  parts 
That  our  great  forbears  played  in  history. 

Cur.:       No  more  then  I  at  this  late  date  should  slur 
Greece  because  Dentatus,  my  grim  ancestor, 
Did  shake  the  phalanx  rugged  Pyrrhus  led. 

Cat.:        Well  spoken,  Curiusf    I  now  resume — 

Lent. :      Not  till  I  say  that  'twixt  these  men  I  stand— 
Twixt  Caesar  and  my  kinsman,  Sulla,  here — 
As  stands  a  Father  'twixt  his  own  true  sons. 
No  man  for  the  Dictator  holds  more  pride 
Than  doth  Marcus  Cornelius  Lentulus; 
But  for  our  Caesar  here,  none  hath  more  love 
Than  this  descendant  of  the  Scipios. 

Sul.:       Cousin,  ne'er  fear  for  me.   No  grudge  e'er  lurked 
Within  that  care-free  chest — a  Sulla's  breast — 
Caesar — my  hand — in  token  of  my  love. 

(Extending  his  hand  in  Caesar's  direction  across 
the  table). 

Caes.:          (Starting  up  from,  his  chair  and  grasping  it) — 
And  mine  my  Sulla — of  tny  amity. 

Cat.  (Smiling  happily) — 

The  mighty  waves  that  recent  threatened  foam, 
Have  now  i'  th'  ocean's  bosom  found  their  home. 


THE     HAZARD     OF     THE     DIE  23 

Cur.:  (Laughing  good  humouredly] — 

Affairs  wag  well  when  dire  stern  Catiline 
Doth  offer  incense  to  the  magic  Nine. 
Cat. :       As  I  have  said,  the  only  rub  is  here, 

And  to  rub  that  rub  out,  my  noble  friends, 
Will  call   for  hectacomb  of  Senators! 

(The  Entire  Body  of  Conspirators  except  Catiline 
Start.    Instantly  Each  Conspirator  Becomes  Seri 
ous,  and  Emotions  Running  from  Fear  to  Horror 
Sweep  Over  the  Various  Faces.     Catiline  Calm 
ly,  But  Penetratingly,  Regards  First  One  Face — 
Until  He  Has  Noted  ifs  Aspect — Then  Passing 
on  to  the  Next.    In  This  Way  He  has  Inspected 
the  Entire  Group  of  Conspirators  Before  a  Word 
is   Uttered,  and  the   Only  Sound  has  been  the 
Deep   Tense  Breathing  of  the  Conspirators   as 
Catiline's    Words    Gradually    Become    Clear   to 
Them;  Or  Here  and  There  a  Profound  Sigh. 
Finally,  After  He  Has  Inspected  and  Dissected 
the  Thoughts  and  Emotions  of  Each  of  the  Con 
spirators,  And  After  Waiting  to  See  //  Any  One 
of  Them  \Cares  to  Break  the  Stern  Silence,  And 
Upon  Finding  that  No  One  Showed  the  Slightest 
Inclination  So  To  Do,  Catiline  Begins  Slowly,  in 
Low  Tones,  Freighted  With  Deep  Feeling] — 
Think  not  mine  august  friends  and  colleagues  high, 
Think  not  ye  nobles  of  world-conquering  Rome 
Coparceners  with  me  in  this  Conspiracy 
That  to  this  awful  pass  I  lightly  came. 
No !  Not  till  o'er  the  Mountains  of  Despair 
My  flinty  way  I'd  trod  did  I  it  reach. 
Ye  know  full  well  that  no  Republic  stands. 
'Tis  not  in  human  nature  that  it  should — 
That  it  should  stand  just  simply  this  demands 
Each  citizen  must  strive  for  th'  public  good. 
And  when  did  man  e'er  strive  for  ought  but  gold, 
For  place  or  power  or  for  passion's  love? 
Hence,  in  Republics  every  place  is  sold; 
Hence  in  Republics  each  court's  the  man  above. 
Under  an  Empire — on  the  other  hand, 


24  THE     HAZARD     OF     THE     DIE 


Th'  Imperator  chooses  for  the  common  good. 
Since  the  Republic's  wealth's  his  to  command; 
Nought  tempts  him  to  do  ought,  but  what  he  should. 
Heaven's  an  Empire  ruled  by  God  the  King, 
What's  good  for  Gods,  for  men  is  no  mean  thing! 
Ceth:       Bravo!  bold  Catiline,  the  Muses  now 
Inspire  thee  to  lead  our  minds  aright! 
The  diadem  full  well  becomes  thy  brow, 
For  thy  brow  this  golden  circlet  blazing  bright! 
(Carried  away  by  impetuosity,  instantly  Cethegus 
starts  up  and  darting  across  the  room  seizes  a 
Golden  Chaplet  of  Laurel  Leaves  Wrought  in 
Gold  Hanging   about   the  Neck   of   the  Silver 
Eagle  on  the  Altar  Aforesaid.    And  places  Same 
Upon  the  Brow  of  Catiline,    Who  preserves  a 
Face  as  Pale  as  Marble  and  as  Inscrutable — All 
With    the    Exception    of    Caesar    and    Crassus 
Spring  to  Their  Feet  and  Shout)— 
Ceth.:     •) 

Lent.:      i    Ave  Catilina  Imperator! 
Sul. :        '    Hail  Catiline  our  mighty  Emperor! 
Cur.: 
Cat.:       My  friends,  this  honour  almost  strikes  me  dumb, 

(Smiling  sarcastically). 

As  dumb  as  Julius  Caesar  or  Mark  Crassus  there. 
Permit  me  to  observe  never  had  I 
Or  ghost  or  shadow  of  a  thought  of  this. 
Ceth.:      Nor  I — I  pledge  my  word.     The  Muses  spoke! 
Caes. :          (Aside — In  Profound.  Meditation). 

The  idea's  strange  but  it  doth  like  me  well. 
This  damned  Republic  bores  me  to  the  bone — 
Costs  more  to  buy  the  votes  of  Democrats 
Than  my  supporters  earn  in  one  full  year. 
And  'neath  a  Monarchy  talents  do  thrive. 
Which  an  ingrate  Republic  starves  to  death. 
I'll  back  my  talents  and  I'll  take  my  chance! 

(Musing)— 
Catiline's  no  sons  and  older  is  than  I 

(After  a  pause)  — 
Why  should  not  Caesar  succeed  Catiline — 


THE      HAZARD     OF     THE      DIE  25 


By  Mars  Pll  risk  the  Hazard  of  the  Die! 

'  (Aloud  Jumping  to  his  Feet  and  Shouting]  — 
All  hail  our  Emperor,  great  Catiline! 
Pardon  my  silence — but  the  thought  was  new. 
Caesar,  I  welcome  thee  amongst  the  men — 
The  Inner  Circle — that  shall  rule  Eome's  state. 
But  still  there  lags  Mark  Crassus  on  the  stage. 
Halting  to  mount  our  stage  and  rule  the  world ! 

(Aside]  — 
This  likes  me  not.     /  would  be  emperor, 

(After  a  pause}  — 

But  then  my  property  would  be  more  safe 
Under  an  Empire  and  I  near  the  King. 
And  who  can  tell  the  turn  of  Fortune's  wheel! 
Catiline's  no  heir — and  he  might  die  (With  a  covert 

smile]  who  knows  —  (Musing] 
With  Catiline  dead  then  Crassus  might  be  King! 

(Aloud.     Rising  to  his  feet] 
Hail  Catiline  Imperator!  Hail  our  King! 

(Smiling  quietly]  — 

Good  Crassus,  thy  adherence  I  accept, 
And  trust  thy  pause  hath  cleared  thy  mind  of  doubt. 
It  hath  my  chief — it  hath  upon  my  soul. 
Firm  do  I  stand  for   thy  advancement  high. 
And  swift  as  high  !     (Seizing  a  Goblet  Filling  and 
Draining  it]  By  Bacchus  swift  as  high! 

(All — Save  Catiline — Filling  and  Drinking]  — 
By  Bacchus,  swift  as  high! 

Mine  august  friends  brief  words  but  yet  remain. 
Here  is  the  schedule  of  our  actions  dread. 
Ye  know  the  Senate  are  mere  business-men 
Intent  on  gain  and  little  else  beside. 
And  with  them  Liberty  is  but  a  name 
To  catch  the  voter  at  the  polls  withal 
And  merely  something  that  one  buys  and  sells. 
Ye  know  the  fate  they  would  accord  to  us 
Did  they  but  know  our  intents  here  to-night. 
Therefore  give  them  the  fate  they^d  hand  to  us 
Death  is  that  fate,  and  death's  the  fate  for  them! 


26 


(All  the  Conspirators  slowly  bow  their  heads  in 

assent). 
The  Marian  and  Sullan  massacres 

(Smiling  sarcastically}  — 
Afford  the  precedent  the  lawyers  ask, 
Afford  the  "precedent"  that  Cicero — 
That  flat  old  woman-masquerade  of  man — 
Is  always  harping  in  the  Senate  House. 
Now  no  more  would  I  kill  than  needs  must  be 
To  seize  the  government  and  work  our  will. 
The  plan  is  this.    The  Senate  doth  convene 
Two  days  from  now.    'Tis  then  the  deed's  t'  be  done. 
Clodius'  gladiators  with  most  of  us 
Shall  with  the  Senate  work  what  Fate  decrees. 
The  other  two  with  certain  chosen  men — 
Reserves  of  Clodius'  band — tall  fellows  all — 
Shall  fire  the  city  at  some  dozen  spots 
Wide  separate  and  where  the  flames  can  be 
Easy  confined  by  rasing  houses  near. 
This  to  prevent  the  people  taking  sides 
For  or  against  us  in  the  Senate  fray. 
For  their  mercurial  and  shallow  minds 
Will  be  so  taken  by  the  sight  of  flames 
That  they  will  run  like  unto  scared  dogs 
To  hear  the  fire  crackle  V  the  air! 
As  our  friend  Crassus  hath  the  most  at  stake 
By  way  of  property  in  this  our  Rome. 
He  with  our  Caesar  shall  this  work  command. 

(Handing  Sheet  of  Parchment  to  the  guest  nearest 
him  to  be  passed  to  Crassus  sitting  with  Caesar 
at  the  other  end  of  the  table}. 
Here  are  the  stations  where  the  fires  start. 
Now  since  affairs  of  men  are  on  the  lap 
Of  the  high  Gods  touching  their  fate  on  earth 
The  Gods  alone  know  what  th'  outcome  will  be. 
Hence  I  ne'er  chances  take  unless  I  must. 
Therefore  give  ear — Caesar  and  Crassus  there — 
Who  now  intently  study  the  schediile — 
In  case  th'  affray  at  th'  Senate  House  goes  wrong 


27 


We  count  on  thy  strong  aid  to  pull  us  through 
The  straits  and  shallows  that  will  then  ensue. 
Ye  must  be  friends  at  court — the  Senate  House — 
And  with  the  people  plead  our  cause  with  strength. 
Therefore  see  to  it  that  ye  are  not  seen 
About  the  fires  when  the  flames  begin. 
Entrust  that  to  your  freedmen  tried  and  true, 
Whilst  ye  from  out  deep  shadows  breath  commands. 
Your  freedmen,  too,  must  see  that  they're  not  seen. 
But — as  you   through  them — work  through   strange 

deputies. 

Our  deed  once  done,  bold  Manlius  moves  on  Rome, 
And  with  his  legions  awes  the  Capital. 
All  Italy  will  rise  then  as  one  man 
For  what — this  side  of  Hell — weighs  with  success! 
Nought,  noble  Catiline,  nought  on  my  word, 

(Looking  about  him}  — 

I'd  like  to  glimpse  a  sight  of  Pompey's  face, 
When  he  first  hears  we've  mastered  Italy. 
I'd  like  to  meet  that  pompous  cold  "new  man" — 
That  servant  of  the  Senate — their  smug  slave — 
In  shock  of  battle  at  a  legion's  head ! 

(Turning  towards  Catiline)  — 
Thy  plot's  as  perfect  as  a  summer's  day 
Spent  on  the  slopes  of  purple  Apennine, 
I'm  all  impatience  for  the  game  to  start — 

>  And  I !  And  I !  And  I !    All  we  the  same. 

Much  would  I  like  to  see  the  game  begin, 
The  plot  doth  please  me  well — so  simple,  too ! 
To  my  mind  nought  could  better  this  same  plot, 

(Pointing  to  Schedule  he  has  ~been  Studying,  on 

which  the  Fire-Stations  are  set  down) — 
The  stations  chosen  are  the  best  in  Rome, 
No  buildings  of  importance  on  the  list 
And  few  of  serious  value  to  be  found; 
None,  by  the  way,  impinge  my  property. 

(Catiline  and  the  others  smile  discreetly). 


28  THE     HAZARD     OF     THE     DIE 

Cat.:       And  now,  friends,  one  last  word  before  we  part. 
Be  ever  armed  from  this  night  on  sans  fail ! 
Beneath  your  toga  port  a  strong  cuirass, 
Wear  sword  at  side  beneath  your  togas,  too, 
Thus  those  who'd  harm  us  shall  most  surely  rue. 
Caes. :     A  counsel  sage  my  chief — I  must  confess — 
So  Roman  am  I — that  to  carry  arms 
Within  the  confines  of  our  ancient  Rome 
Arms — aye — and  armour — ne'er'd  occur  to  me. 
Cras. :     Th'  advice  is  good.     I've  done  both  more  than  once. 
Cat.:       In  breaking  up  our  conference  now,  friends — 

Till  next  we  meet  at  time  and  place  I'll  send — 
Pour  a   libation  now   to   Victory, 
And  as  we  do  it  face  the  eagle  there. 

(The  same  Solemn  Ceremony  that  began  the  Con 
ference  is  repeated,  Caesar  Officiating — and  as 
they  Simultaneously  first  Extend  at  Arms 
Length,  and  then  Drain  their  Goblets  it  is  in 
the  Direction  of  the  Silver  Eagle  on  the  Altar}. 


ACT  II.     SCENE  I. 

The  House  Of  Cicero. 

Time:  Next  Day.     Morning. 

(Library  in  Cicero's  House.  Cicero  engaged  in 
Writing  Seated  at  a  Table.  Lounging  nearby 
are  Catullus  and  Sallust  each  glancing  over  a 
Roll  of  Manuscript  in  his  hand.  A  Spy  in  the 
Pay  of  Cicero,  one  Vettius,  is  standing  at  a  Dis 
tance  from  the  Group  in  an  Attitude  af  Obsequi 
ous  Attention]. 
Cic. :  My  worthy  Vettius  hast  ought  to  say 

In  this  grave  matter  against  any  else? 
Vet.:       So  please  the  Consul — yes — one  other  man 
But  he's  so  high-placed  I  do  fear  to  ope 
My  lips  upon  a  theme  so  dangerous. 


29 


Cic. :       Good  Vettius,  speak  out  and  know  no  fear, 
Know  that  the  Consul  Cicero's  thy  friend, 
Under  my  aegis  thou  may's!  safely  speak. 
Vet. :       If  that  be  so  I  now  shall  ope  my  mouth, 

But  warn  your  worship  that  surprise  is  near. 
Cic.:  (Smiling  complacently]  — 

Surprise  is  something  I  do  never  feel, 
My  mighty  station  renders  me  immune. 
Vet. :       The  name  dread  Consul  then  I'll  now  impart, 
'Tis  Caius  Julius  Caesar — no  man  less. 
'(Cicero  shrinks  Back  with  every  Sign  of  Panic 
Painted  on  his  Features.     Catullus  and  Sallust 
Drop  their  Manuscripts  onto  the  Floor  in  their 
Amazement,  Recalled  from  their  Reading  l>y  the 
name  of  Caesar). 
Cic.:       By  all  the  Gods!     Did  mine  ears  hear  aright, 

Didst  thou  just  utter  Julius  Caesar's  name? 
Vet. :       I  did,  great  Consul,  and  I  must  again 

If  the  same  question  thou  dost  put  to  me. 
Catul. :    Great  master,  why  permit  this  wretched  thing 
To  soil  our  friends,  the  aristocracy? 
To  Catiline,  and  Sulla,  Lentulus, 
And  Cethegus,  and  Curius,  he  now 
Dares  to  bring  in  the  mighty  Julian  gens, 
Methought  the  gens  Cornelian  might  suffice. 
Cic. :       My  worthy  pupil  you  must  permit  me 

To  hold  the  tiller  of  the  Ship  of  State. 
When  thou  art  Consul  thou  may'st  then  essay 
The  task  you  lightly  offer  to  take  on. 

(Sallust  Conceals  a  Smile  while  Catullus  Angrily 
Picks  up  his  \Manuscript  and  Prepares  to  Leave). 
Pardon  my  frankness,  mv  most  gifted  friend, 
I  spoke  more  pointedly  than  I  had  mind. 
Wound  not  thy  master  by  departure  now, 
But  stay  this  subject  out  and  then  pray  give 
Advice  unto  thy  friend  in  this  sore  strait. 

(Catullus  bows  Silently  and  Resumes  his  Reading. 
Sallust  has  already  Picked  Up  his  Manuscript 
and  is  Immersed  therein). 


30  THE     HAZARD     OF     THE     DIE 

What  proof,  good  Vettius,  hast  thou  in  hand 
To  offer  in  support  of  this  grave  charge. 
Vet.:       The  same  great  Consul  that  I  first  did  give 
In  support  of  my  theme — conspiracy — 
To-wit,  the  letter  dropped  by  Quintus  Curius, 
Bearing  the  names  I  just  did  give  to  thee — 
Letter  addressed  to  Lucius  Catiline 
Asking  that  Catiline  would  straightway  set 
Opposite  each  name  of  each  conspirator 
The  office  and  reward  he'd  give  to  him 
When  victory  did  crown  their  scheme  'gainst  Rome. 
This  letter  I  most  strangely  have  mislaid 
But  trust  securely  to  recover  it. 
Meantime  I  brought  your  worship  this  great  news 
Protected  by  thy  pledge  of  secrecy. 
Cic. :       What  was  the  tone  of  this  same  letter,  friend, 

Was't  threatening-hostile  or  mere  friendly  chaff? 
Vet.:        Twas  far  from  hostile  and  'twas  far  from  chaff. 
It  merely  stated  that  he'd  like  to  know 
"If  time  permitted  the  great  Catiline" 
And  so  forth  what  I  did  just  state  to  thee. 
There's  one  more  name,  your  worship,  on  the  list, 
I'll  give  if  thou'lt  protect  mine  humble  self. 
Cic.:        Speak  without  fear,  my  worthy  Vettius. 
Vet.:       Once  more  I  warn  thy  worship  'gainst  surprise. 
Cic. :       How  often,  Vettius,  must  I  tell  thee 
The  Consul  is  a  stranger  to  surprise. 

(Catullus  and  Sallust  Exchange  Smiles,  but  Re 
main  Silent). 

Vet.:       Then  mighty  Consul  Crassus  is  the  man 
The  richest  soul  the  sun  doth  shine  upon. 

(Catullus  and  Sallust  Start  back  in  Amazement 
and  both  burst  out  in  Shouts  of  Derisive  Laugh 
ter.  Cicero  Turns  Pale  and  Shrinks  Back  into 
his  Chair  in  Surprise  and  Fear.  Nothing  is 
Heard  for  some  moment*  but  the  Shouts  of 
Laughter  of  the  Poet  and  the  Historian.  Pres 
ently  Catullus  Says}— 

Catul. :    Mehercule!    But  this  thinsr  bursts  the  bounds 
Of  reason  and  all  probability ! 


THE     HAZARD     OF     THE     DIE  31 

Mark  Crassus,  who  of  all  men  on  this  earth 
Is  int'rested  in  order  and  calm  peace 
Through  his  vast  holdings  and  his  serried  wealth — 
To  be  mixed  up  in  a  conspiracy 
With  men  like  Catiline  and  Cethegus — 
Desperate  spirits  of  a  former  day — 
When  Sulla  ruled  the  world  and  ruled  by  blood ! 
Cic. :       Good  Vettius,  I  now  shall  bid  thee  go. 

Strive  to  recover  that  lost  letter,  friend, 
And  also  strive — as  thou  dost  ever  do — 
To  bring  rne  gossip  of  the  high  and  low. 
Meantime  no  word  of  this  to  anyone. 

(Vettius  bows  in  Cringing  Fashion  and  Slinks  off 
Pursued  by  the  Contemptuous  Looks  af  Catullus 
and  Sallust.  He  has  Scarcely  Disappeared  be 
fore  Female  Voices  are  Heard  and  Fulvia,  Ac 
companied  by  her  Maid,  enters  Hurriedly,  Pre 
ceded  by  an  Expostulating  Slave). 
Ful.:  (To  the  Slave) - 

The  Consul  I  will  see — and  instantly! 

(To  Cicero )— 

Marcus  Tullius  I  come  on  things  of  State 
And  beg  thy  private  ear  immediately. 

(Catullus  and  Sallust  Exchange  Amused  Glances, 
Bow  to  Cicero  and  the  Lady  who  Smilingly  Ac 
knowledges  their  Salute  and  Withdraw.    Cicero 
Shows  Fulvia  to  a  Chair  and  then  Resumes  his 
Seat.    The  Maid  Remains  Standing}. 
I  have  no  time  to  waste  in  social  words, 
A  sword  suspends  above  the  Commonwealth! 

(Cicero  Shivers  and  Turns  Pale}. 
I  see  thy  manly  cheek  doth  bear  the  hue, 

'  ( Smiling  S areas  tically } . 
That  bespeaks  interest  in  the  words  I  say. 

(Cicero  Reddens,  but  says  Nothing}. 
I  shall  be  brief  for  time  doth  press  amain. 
(After  a  Pause  and  with  Embarrassment}. 
Thou  knows't  I  am  the  friend  of  Cnrius. 

(Cicero  bows}. 
Last  night  he  did  return  at  dead  of  night 


32 


In  mood  most  haughty  and  imperious; 

Ne'er  saw  I  him  in  mood  like  that  before. 

He  said  that  I  had  better  mind  my  ways, 

And  treat  him  with  the  requisite  respect, 

"Or  my  fair  head  would  leave  my  shoulders  swift" 

Cic. :       Ha !  Said  he  so !    Thy  news  amazeth  me. 

Ful. :       Not  half  so  much  as  it  did  amaze  me 

I  tell  thee,  Consul,  mine  hair  stood  on  end! 
And  then  a  frolic  humour  took  him  straight, 

(Blushing  and  with  Embarrassment). 
He  petted  me  and  fondled  me  with  zeal. 
When  he  had  done  he  said,  "My  pretty  dove. 
Who  oft  is  like  the  eagle  in  her  rage. 
If  thou  art  complaisant  and  good  to  me 
Mountains  and  seas  on  thee  I  shall  bestow — 
Seas  in  whose  depths  lurk  pearls  of  orient 
That  in  their  lustre  the  sunset  surpass!" 

Cic.:       Ha!  Thy  news  in  truth  sounds  strange  and  ominous. 

Ful. :       "Ominous,"  sayest  thou  !    Now  mark  me  well. 
Feeling  that  something  was  afoot  I  set 
In  motion  all  my  woman's  arts  of  guile — 
Played  on  his  passions,  fed  his  vanity, 
Jostled  his  jealousy  till  he  did  writhe 
And  roar  aloud  in  anguish  and  in  rage! 
I  then  did  melt  and  fall  into  his  arms. 
This  turned  the  trick,  and  he  gave  up  his  soul! 
Told  of  a  plot  the  like  of  ivhich  hath  ne'er — 
Not  since  our  town  of  Rome  was  first  laid  out — 
So  help  me  Venus,  been  contrived  by  man! 

(Cicero  Shudders). 

Tis  nothing  short  of  make  a  demon  King ! 
Raise  to  the  purple  that  fiend  Catiline! 

Cic.  (Cicero  Falls  Back  in  his  Chair.     Raises  his  Hands 

to  Heaven,  and  Murmurs  Faintly}— 
May  all  the  Gods  protect  our  city  Home, 
And  ward  the  dangers  that  do  now  impend ! 
Great  Father  Jove  defend  the  Capitol 
From  this  most  monstrous  man.  this  man  of  blood, 
Th'  embodied  incarnation  of  all  crime ! 


THE      HAZARD     OF     THE      DIE  33 

Ful. :  (Sneeringly)— 

Pray  hard,  pray  Consul,  but  do  not  pray  too  long — 
For  this  man  Catiline  doth  not  waste  time; 
And  when  he  strikes  death  follows  in  a  trice! 
(Cicero  Recovers  his  -Composure  with  Difficulty, 
/Swallowing  /Several  Times,  and  Moistening  his 
Dry  Lips  with  Ms  Tongue.    Finally  he  Braces 
Himself  in  his  Chair,  and  Assuming  an  Air  of 
Fortitude,  Says  somewhat  Falteringly) — 

Cic. :       Pray  Fulvia,  tell  all  that  thou  dost  know. 

Ful. :       Briefly,  'tis  this.    This  arch-fiend  Catiline 

Hath  knit  a  plot  whose  meshes  are  so  strong 
That  not  one  man  who  once  is  caught  therein 
Hath  any  hope  this  side  th'  Elysian  Fields! 
He  with  fierce  Cethegus  and  Lentulus, 
With  Caius  Sulla  and — now  mark  these  names — 
With  Julius  Caesar  and  Mark  Crassus,  too, 
Have  formed  a  plan  to  seize  th'  Imperium, 
To  seize  all  power — and  vest  it  in  themselves. 
How't  's  to  be  done,  or  when,  or  by  whose  aid, 
I  have  not  yet  found  out.     My  man  waxed  sleepy 
Ere  he  got  to  that,  and  nought  that  I  could  do — 

(Blushing  and  Hesitating}. 

Could  interest  him — just  turned  his  back  and  slept. 
To-day  his  mood  was  changed,  and  not  one  word, 
By  hook  or  crook,  could  I  coax  out  of  him. 

Cic.:        One  word,  fair  Fulvia,  before  you  go, 
Have  you  and  Curius  e'er  fallen  out? 

P  ul. :       Have  we  f all'n  out !     Have  we  e^er  fallen  out ! 
Why  Cicero,  if  thou  didst  know  the  times 
We  have  f  all'n   out  thou'dst   shake  thy  sides  with 
mirth. 

Cic.:       And  might  I  ask  the  reason  for  these  wars, 
The  reasons  for  these  merry  combatings? 

Ful.:       The  reason,  Consul,  was  that  I  did  lack 

The  means  to  make  life  joyous  and  jocund 
I  did  lack  gold — and  know  that  vile  lack  still. 
Twas  lack  of  that  drove  Joy  from  out  the  doors 
Of  Quintus  Curius  and  let  Grief  in. 


34 


I  threatened  him  I'd  leave  him  presently 

Unless  he  did  the  needful  coin  supply 

For  all  my  wants  as  gently  nurtured  girl. 

This  made  him  mad  almost — near  turned  his  brain! 

For  he  doth  love  me  in  his  careless  way — 

He  swore  he'd  find  the  means  to  hold  my  love 

And  money  did  pour  in  straightway  'tis  true — 

Borrowed  presumably  from  Catiline, 

Since  these  two  have  been  friends  for  long  years  past. 

Cic. :       I  see,  my  girl.     Twas  love  of  thy  fair  face — 

Which  thou  didst  warn  him  nought  but  gold  could 

hold- 
Did  drive  thy  lover  to  plunge  deep  in  crime. 
This  thing  hath  happed  before.    It  is  not  new. 
Now  here's   my   plan.     I'll   keep   thee  stocked   with 

gold- 
Gold,  mind  you,  taken  from  the  Treasury 
By  me,  as  Consul  on  affairs  of  State — 
Provided  thou  wilt  keep  me  swift  informed 
Of  each  and  every  move  of  Catiline's. 

Ful. :       But  what  if  Curius'  lips  are  ever  dumb, 
If  he  won't  talk,  what  then  am  I  to  do? 

Cic. :       Leave  that  to  chance.    His  lips  miwt  loose  sometimes, 
But  if  they  don't  thy  stipend — cut  in  two — 
Shall  reach  thee,  surely,  every  ninety  days 
Till  I  have  rid  the  earth  of  Catiline. 

Ful.:       An  earnest  of  that  stipend  give  me  now, 
Not  "cut  in  two"  but  lusty — vigorous. 

(Cicero  Hands  her  a  Purse  of  Gold  which  she 
Empties  out  on  the  Table  Listening  to  the  Ring 
of  the  Coin}. 

That  gold  rings  true.     I'll  take  this  and  start  in 
To  be  thy  worthy  spy,  great  Cicero. 
Before  I  go  one  word.    No  harm  must  fall 
Upon  the  careless  head  of  Curius. 

Cic.:       Agreed.     I'll  save  him  when  the  trouble  doth  begin. 

Ful. :       Farewell. 

(Exit  Fulvia.     Enter  Slave}. 

Cic. :       Farewell. 


THE      HAZARD      OF     THE      DIE 


Slave:     Milo  and  band  of  gladiators  stand 

Awaiting  orders  from  thy  mighty  self. 
Cic.:       Bid    them    come    in.     (Exit   Slave}.     Now,   brother 

Clodius — 

Great  High  Priest  of  the  Bona  Dea,  thou — 
I'll  scan  an  engine  that  shall  pull  thee  down. 
(Enter  Milo  in  Full  Armour  with  Drawn  Sword 
and  Shield  Followed  by  Ms  Band  of  Gladiators 
Similarly   Equipped.     Milo   Salutes    Cicero    Si 
lently.     His  Band  does  the  same  and  Stand  at 
Attention  Behind  Milo). 

Mil. :       I  come,  my  lord,  thy  bidding  to  obey. 
Cic. :       Welcome,  stout  Milo,  and  thy  worthy  band. 

(Aside]  — 

By  Mars  the  sight  of  these  same  brawny  men 
Doth  rouse  my  spirits  from  the  drooping  point. 
Methinks  'twould  firm  my  heart  and  soul  to  see 
Sword  counter  sword  in  thrust  and  stroke  and  foin. 

(Aloud]  — 

Good  Milo,  prithee,  show  me  specimen 
Of  thy  band's  tactics  at  the  martial  game. 
Mil. :       With  pleasure,  mighty  Consul. 

(Turning  to  Gladiators  who,  at  a  Motion  of  His 
Hand,  Separate  into  Two  Groups  Facing  Each 
Other  with  Swords  Drawn  and  Ready  to  Spring 
at  One  Another.}  Men!  Lay  on!  (The  Gladi 
ators  Dash  Upon  One  Another  and  Fight  All 
Over  the  Room;  Being  Careful,  However,  Not  to 
Touch  Anything  but  each  Other's  Swords, 
Shields  and  Armour — Avoiding  Carefully  the 
Unarmed  Portions  of  the  Body.  After  Some 
Few  Minutes  of  this  Cicero  exclaims}  — 
Cic.:  Enough,  my  trusty  fellows.  Hold!  Enough! 

(The  Gladiators  Instantly  Lower  their  Swords  and 
Panting  Deeply  from  their  recent  exertions,  But 
with  Faces  Absolutely  Immobile  and  Impassive, 
resume  their  former  line  and  Come  to  Attention}. 
Ha !  Milo  in  these  days — these  doubtful  days, 
When  no  man  knows  who's  for  or  'gainst  the  State, 
It  doth  one  good  to  have  such  sturdy  men — 


36  THE     HAZARD     OF     THE     DIE 

Men  who  at  thrust  and  foin  are  nonpareil — 
Armed  at  one's  beck  to  tread  sedition  down. 

(Milo  bows  his  acknowledgments). 
I  summoned  thee  to  say  that  thou  must  hold 
Thy  band  in  readiness  by  day  and  night. 
No  more  shall  I  say  now — there  is  no  need, 
But  hold  your  fellows  armed  and  'neath  thine  eye. 
Mil.:       I  shall,  great  Consul,  and  take  joy  thereby. 
O !  That  I  might  with  Clodius  meet  in  broil. 
O!    That    our   men   might   clash    together   in   war's 

shock. 

Cic. :       Mayhap  thou'lt  have  thy  wish.     And  now  farewell, 
I  prithee  give  this  purse  unto  thy  men. 

(Hands  Milo  a  Well-Filled  Purse). 
Mil.:  (Taking  purse) — 

I  thank  thee,  Consul,  for  thy  graciousness. 

(Turning  to  Gladiators) — 
Salute  the  Consul,  men,  before  we  go. 

(Gladiators  Draw  their  Swords  and  Shout  with 

One  Accord) — 
Glad. :     Long  live  our  Consul !  Long  live  Cicero. 

(At  a  motion  from  Milo  they  then  Form  a  Column 
and  March  Of  the  Stage  Followed  by  him.  He 
Salutes  Cicero  with  his  Sword  in  Silence  as  he 
Marches  Past. 

Exeunt) . 


ACT  II.     SCENE  II. 

Apartments  Of  Aurelia  Orestilla :  In  The  House  Of  Catiline.' 
Time:  Same  Day.    Late  Afternoon. 

Aurel:        (Alone,  sitting  Lost  in  Thought.     Tier  Head  Lean 
ing  on  her  Hand)— 
My  heart  misgives  me  lest  my  Sergius 
Hath  risked  his  happiness  upon  a  die. 
His  plans  move  smoothly  and  his  mind  is  calm. 


THE     HAZARD     OF     THE     DIB  37 

But  with  so  many  knowing  of  the  plot 
Which  is  to  turn  this  city  upside  down — 
And  with  this  mighty  city  turns  the  world — 
A  danger  always  lurks  of  leakage  dread. 
How  I'm  to  stem  that  tide  no  one  can  say. 
I  stand  at  Catiline's  right  hand  in  all  he  does, 
And  never  let  a  moment  slip  me  by 
Without  a  word  of  caution  on  that  head. 
He  is  the  most  supremest  plotter  e^er 
Did  set  his  brain  to  scheme  upon  this  earth! 
But  lacking  mighty  wealth  and  the  long  train 
Of  followers  that  tread  the  heels  of  wealth 
His  choice  of  aids  at  first  was  limited. 

(After  a  pause}  — 

Beshrew  me  howy  I  dread  vain  Curius! 
Storm  centre  he  of  danger  to  this  plot; 
I  would  give  half  my  wealth — vast  as  that  is — 
Were  Quintus  Curius  not  of  the  band. 
(Sighs  deeply.    A  Maid  enters  Hastily}. 

Maid:     The  lady    Clodia,  doth  wait  below 

Who  says  her  tidings  will  not  brook  delay. 

Aurel. :    Conduct  her  hither  with  what  speed  ye  may ; 

'(Exit  Maid.} 

My  soul  misgives  me  and  my  blood  grows  cold, 
My  woman's  instinct  tells  me   something's  wrong. 

(Enter  Clodia). 

My  Clodia,  my  thanks  for  coming  here, 
Thy  presence  breaks  a  brooding  fit  I  had. 
(They  embrace  warmly}. 

Clo. :       Dearest  Aurelia,  my  heart  bleeds  for  thee, 
The  news  I  bring  is  of  the  very  worst ! 

Aurel. :        (Starting   but   then  Immediately  Recovering   her 

usual  Haughty  Calm}  — 
The  world  we  live  in  is  a  world  of  Chance, 
Men  are  but  footballs  for  the  foot  of  Fate; 
Hence,  who  hunts  happiness  doth  take  a  chance 
That  black  Death  strikes  at  either  soon  or  late. 
Hence  am  T  ever  ready  for  the  worst, 
And  smile  upon  the  evils  the  Gods  send. 


38 


THE      HAZARD      OF     THE      DIE 


Clo. :        'Tis  well,  my  dearest,  thy  philosophy 
Is  of  so  high  a  cast,  so  stoical 
That  standing  on  the  brink  of  the  Unknown, 
It  yet  preserves  thy  beauty  all  serene. 
My  news  is  this.     I'll  give  it  in  few  words — 
The  plot  is  out. 

(Aurelia  at  first  does  Not  Move  a  Muscle.  Present 
ly  a  Disdainful  Smile  Slowly  Spreads  over  her 
\(J<alm  Face}— 
You  seem  incredulous. 

Aurel. :    My  dearest  friend  a  bit  more  explicit  be 
Clo. :        You  play  your  cards  well,  my  Aurelia  fair. 
Aurel.:    What  next,  my  dear,  might  I  be  bold  to  ask? 
Clo.:       Why  simply  this.     Catullus  my  good  friend — 

(Blushing  and  Smiling)— 
Was  present  at  the  Consul  Cicero's 
When  Vettius — a  spy  Catullus  hates — f 
Came  in  and  said  herd  news  of  high  import. 
The  Consul  bid  Catullus  to  remain, 
And  Sallust.  too — for  both  had  called  on  him — 
So  both  did  hear  this  plot  most  marvellous ! 
Brief,  Catiline  hath  joined  to  him  a  band 
Of  men,  the  most  illustrious  in  Rome, 
Including  Caesar,  Crassus,  Lentulus, 
Cains  Sulla,  Curius  and  Cethegus — 
That  last  the  fiercest  man  that  walks  to-day, 
Save  only  one  whose  name  I  shall  not  say 
A  letter  dropped  by  Curius  was  the  clue 
That  fell  into  the  hands  of  Vettius. 

(At    the   name   of   Curius,   Aurelia's   Face   Pales 
Slightly,  But  No  Other  Sign  of  Emotion  is  Vis 
ible}. 
Letter  from  Curius  to  Catiline, 


fTo  you,  stinking  Vettius,  if  to  any  one,  may  be  applied  what  Is 
said  to  babblers  and  fools.  With  that  tongue  of  yours  you  may  wipe 
cow-keepers'  shoes  and  nastier  things  yet.  if  you  have  occasion. 

If  you  wish  utterly  to  destroy  us  all,  Vettius,  open  your  mouth; 
you  will  affect  your  purpose  to  a  certainty. 

— Catullus. 

(From   the  Poems  of  Catullus.     Translation   found  in   Bohn's 
Library.) 


THE     HAZARD     OF     THE     DIE  39 

Asking  his  chief  what  honours  would  be  named 
For  each  upon  achieving  their  great  scheme, 
And  to  set  th'  honours  opposite  each  name 
Of  each  conspirator  upon  the  list 
He  did  enclose.     Nought  else  was  there  therein 
As  to  when,  how,  or  where  the  plot  would  burst, 
Or  just  precisely  what  the  plot  would  be. 

Aurel. :        (After  a  Pause} — 

Clodia,  I  know  that  thou,  dear,  art  my  friend, 
But  ere  I  comment  on  thy  most  strange  news, 
I  wish  to  search  thy  heart  a  little  while. 

Clo. :       My  heart's  an  open  book  to  thee.  my  friend — 
The  dearest  friend  I  have  of  our  own  sex. 
Thou  knou^st — and  few  there  be  who  do  not  guess — 
That  I  do  love  Catullus  heart  and  soul. 
My  stolid  husband  sole  doth  nought  suspect. 
You  know  our  Parents  did  arrange  this  match 
Which  was  as  far  from  love-match  as  the  poles. 
Wealth  wished  to  add  to  wealth  and  that  was  all — 
'Twos  marriage  of  two  fortunes,  not  two  'hearts, 
And  when  a  man  does  that  he  takes  his  chance. 

Aurel. :        ( Smilingly  A  ffectionately ) — 

My  Clodia,  thy  fate  did  ever  touch 
My  happy  heart — happy  in  Catiline, 
The  most  misjudged  and  maligned  man 
That  walks  the  streets  of  our  Imperial  Rome! 
A  heart  of  gold  hath  he — true  to  his  friends. 
True  as  the  steel  of  his  e'er  ready  sword, 
Frank  as  the  sunlight — as  a  lion  brave — 
Such  is  my  King — such  Sergius  Catiline! 

Clo. :       Aurelia — did  I  not  Valerius  love 

With  my  whole  soul  excluding  thought  of  all 
The  race  of  men — that  walk  this  teeming  earth — 
I  tell  thee,  dear,  I  would  love  Catiline — 
His  mighty  soul,  his  leonine  dread  heart 
That  smiles  in  scorn  upon  a  world  of  foes; 
His  general's  mind  that  doth  combine  the  threads 
And  strands  of  action  and  their  subtle  cause, 
Their  moving  impulses  and  passions  dark 
That  make  the  world  the  cauldron  that  it  is, 


40  THE     HAZARD     OF     THE     DIE 

Seething  and  bubbling  with  wees,  joys  and  death. 

With  infamy  and  virtue  intermixed 

Like  wine  and  water  in  a  vessel  dark — 

Then  holds  these  combined  strands  within  his  hand 

And  drives  his  chariot  to  the  victor's  goal! 

Such  is  thy  lover — such  is  Catiline. 

Aurel. :        (Aurelia  Falls  on  her  Neck  and.  Buries  her  Face 

on  her  Breast}. 

My  darling,  thy  sweet  words  unman  my  soul. 
And  weakness  becomes  not  the  wife  of  Catiline. 

(Recovering  her  Composure}. 
Minerva  guided  thee  in  thy  grand  words 
With  which  thou  didst  describe  my  Catiline — 
A  double  purpose  did  these  dear  words  fill. 
I'd  said  that  I  did  wish  to  search  thine  heart, 
And  thy  true  heart,  my  Clodia,  did  respond 
Unto  my  unspoke  question  in  thy  words. 
I  wished  to  know  the  motive  prompted  thee 
T'  incur  the  wrath  of  thy  Valerius 
Should  he  e'er  know  that  thou'st  revealed  to  me 
The  accusation  of  vile  Vettius — 
That  dog  in  human  shape — that  mangy  cur, 
Who  snaps  in  secret  at  the  heels  o'  th'  great. 

(They  Seat  themselves  Side  by  Side  on  a  Couch}. 

Clo. :  (Embracing  her} — 

Before  I  go  I  have  two  things  to  say. 
Valerius  did  not  impart  to  me 
The  news  I've  given — it  got  I  by  chance— 
Twas  thus.     A  week  ago  I  my  pet  sparrow  lostf 
A  darling  bird  that  nestled  in  my  breast. 


III.         tLAMENT   FOR    THE    DEATH    OF   CLODIA'S    SPARROW. 

Lament,  O  Loves  and  desires,  and  every  man  of  refinement!  My 
girl'a  sparrow  is  dead,  my  girl's  pet  sparrow,  which  she  loved  more 
than  her  own  eyes;  for  It  was  a  honeyed  darling,  and  knew  its  mis 
tress  as  well  as  my  girl  herself  knew  her  Mother;  nor  did  It  ever 
depart  from  her  breast,  but  hopping  about  now  hither,  now  thither, 
would  chirp  ever  more  to  Its  mistress  only.  Now  does  It  go  along  the 
gloomy  path  to  that  region  whence  no  one  can  return.  Malediction 
to  you!  cruel  glooms  of  Orcus,  that  devour  all  fair  things;  such  a 
pretty  sparrow!  On  your  account  my  girl's  eyes  are  now  red  and 
swollen  with  weeping. 

— Catullus. 

From  the  Poems  of  Catullus,  ibid. 


THE      HAZARD      OF     THE      DIE  41 

Fed  from  my  hand  and  was  my  heart's  delight. 
I  wept  its  death  and  was  most  deep  cast  down. 
Valerius  did  visit  us  that  day 
And  swore  by  all  the  Gods  he'd  write  a  lay 
That  would  preserve  my  sparrow  for  all  time, 
And  send  it  fluttering  down  the  centuries! 
He  thereon  named  to-day  to  read  the  lay — 
Said  he  would  have  it  ready  by  that  time. 
So  when  he  came  to-day  to  read  his  song— 
His  little  lyric  to  my  tiny  bird — 

(Laughing  and  Blushing}. 
My  husband  being  out  I  hung  on  him, 
Clasping  my  hands  about  his  rosy  neck. 
As  I  did  so  a  parchment  did  slip  out 
His  toga's  folds,  and  fell  upon  the  floor. 
Neither  observed  it.     But  when  he  began 
To  read  his  charming  little  funeral  hymn 
Upon  my  darling  little  feathered  friend, 
My  eye  did  spy  it  unperceived  by  him. 
My  woman's  native  curiosity 
Did  pique  me  till — all  unperceived  by  him — 
I'd  mastered  it  and  all  of  its  contents 
Whilst  he,  oblivious  to  ought  beside 
Was  testing  the  numbers  of  his  funeral  hymn — 
Drumming  with  his  slim  fingers,  line  by  line, 
To  see  the  quantities  were  safe  and  sound. 
So  soon  as  I  did  grasp  what  it  contained — 
A  digest  of  the  plot  as  I've  told  you — 
With  list  of  the  conspirators  alleged — 
I  burst  upon  him  for  such  calumny ! 
He  then  explained  the  whole  as  I've  told  you, 
And  urged  me  secrecy  upon  my  life, 
Saying  that  Cicero  had  all   intent 
To  push  this  serious  matter  to  a  head. 
The  last  thing  I  must  tell  you  is  just  this. 
Valerius  told  me  that  before  they  left, 
Who  should  appear  in  haste  but  Fulvia ! 

(Aurelia  Starts  Away  from  Clodia  and  Turns  Pale 

but  Kemains  Calm] . 
What  she  did  sav  or  whv  she  came's  not  known. 


42  THE     HAZARD     OF     THE     DIE 

And  now  my  sweet  Aurelia,  I  must  go. 

(They  Embrace}. 
Aurel. :    And  may  the  Gods  reward  thee  for  this  call. 

(Exit  Clodia). 

Now  by  the  Gods  that  babbler  Curius 
Hath  told  his  leman  everything  he  knows ! 
Would  I  had  thrust  a  dagger  in  his  heart 
When  last  he  crossed  this  threshold — would  I  had! 
O !  Gods  what  can  I  do  to  fend  this  woe 
And  drive  this  deadly  danger  from  my  house. 
Minerva!  Goddess!  Who  from  front  of  Jove 

(Kneeling  before  a  Marble  Bust  o\f  Minerva  on  a 
Marble  Pedestal,  and  Extending  her  Hands  To 
wards  the  Goddess  in  an  Attitude  of  Passionate 
/Supplication) . 

Lept  fully  armed  to  rule  this  furious  world 
Guide  thou  my  actions  from  this  moment  on, 
Inspire  my  heart  with  words  for  Catiline, 
Words  that  shall  make  his  fiery  nature  heed, 
Words  that  may  make  his  reckless  spirit  safe. 
(Catiline's  Step  heard  Without). 
(Starting — and  Rising  Hastily} — 
Inspire  me,  Goddess,  for  I  hear  his  tread. 
Cat.:  (Enter    Catiline.     He    Embraces    her   and    Gazes 

Down  Into  Her  Eyes  with  his  Arms  About  her). 
By  all  the  Gods  Aurelia.  thou  art  fair! 
The  fairest  thing  e'er  was  of  woman  kind. 
Aurel. :    My  Sergius,  a  dreadful  piece  of  news 

I  have  for  thee — thou  Captain  of  my  soul. 
Cat. :  (Starting  Angrily  and  Involuntarily  Dropping  his 

Hand  upon  his  Sword  Hilt,  Concealed  beneath 
his  Toga}— 

Now  woe  to  him  who  causeth  thee  this  woe! 
Aurel. :    That  man  is  Curius — he  hath  told  all. 
Cat. :  (Springing  Backwards  Three  Feet  in  a  Bound,  and 

Glaring  Savagely  at  her}— 

What!  What  sayest  thou,  Aurelia !     What  is  this. 
Aurel.:  In  one  brief  word.     Clodia  hath  just  left — 

Give  me  thy  pledge  that  nothing  thou'lt  reveal 
Of  what  I  am  about  to  tell  to  thee. 


THE      HAZARD     OF     THE     DIB  43 

Cat.:       I  pledge  the  honour  of  the  Sergii. 

Aurel. :    Tis  well.     Catullus  recent  called  on  Cicero, 
There  Vettius  appeared  re  letter  found 
Which  Curius  had  dropped  addressed  to  thee. 
Written  by  Curius  to  thee  to  find 
What  honours  would  be  'portioned  to  the  band — 
When  Fortune  should  reward  your  enterprise — 
With  list  of  the  conspirators  enclosed — 
That  opposite  each  name  his  gain  might  stand. 
Nought  else  was  there.    And  no  particulars. 
But  something  far  more  sinister  than  that 
Doth  show  its  villain  head  and  that  is  this: 
Ere  he  did  leave  dame  Fulvia  did  arrive 
Panting  with  haste  to  say  that  she  had  news 
The  Consul's  ear  must  catch  without  delay. 
My  Sergius,  you  now  have  all  the  threads 
Of  this  dark  counterplot  within  thy  hand. 

Cat.:  (After  a  Pause,  Dr diving  Near  once  more,  Em 

bracing    Her,    Looking    Down    at    Her    as    he 
Speaks]  — 

My  most  wise  darling!  Where  could  Catiline 
Find  an  adviser  like  to  thee  on  earth ! 
Thy  soul  prophetic  spotted  Curius 
As  the  one  danger-point  in  my  whole  scheme, 
And  now  that  danger-point  hath  burst  in  flame. 

Aurel.:        (Slowly  releasing  herself)  — 

My  noble  Sergius !  Danger  moves  thee  not. 

Thy  lips  are  full  as  fiery  as  though 

You  played  the  lover  for  the  foremost  time, 

And  stood  with  me  in  some  dim  country  lane 

Far  from  this  Hell — this  Rome — and  free  from  care. 

Instead  of  which  yon  on  Vesuvius  stand. 

And  that  great  crater  rocks  beneath  thy  feet ! 

So  help  me  Venus  I  do  love  thee  so, 

That  if  thou  diest  I  would  rather  die 

Than  live  alone  without  my  Catiline! 

Cat.:        Aurelia.  never  say  those  words  again. 

Thy  happiness  doth  tower  in  my  mind, 
As  tower  above  the  plain  the  Apennines. 
If  I  should  lose  the  cast  of  these  great  dice 


44  THE     HAZARD     OF     THE     DIE 

In  which  I  throw  for  th'  Empire  of  the  world — 

If  I  do  lose — my  fame  will  be  so  great 

That  under  it  may  rest  thy  widowhood 

As  rests  a  traveller  'neath  a  desert  palm 

When  all  Sahara  blisters  in  the  sun. 

My  fame  will  be  so  dread  and  dark  a  thing 

Brave  men  will  shrink  fro'  th'  name  of  Catiline. 

For  never  yet  had  gambler  such  a  stake 

As  I  do  throw  for  in  Imperial  Rome! 

And  if  I  lose,  my  end  will  be  so  dread. 

So  many  victims  shall  devour  my  sword — 

That  round  my  corse  a  human  hecatomb 

Of  Roman  soldiers  shall  lie  stark  in  death. 

So  cheer  thee  up  my  Rose  of  Beauty's  bloom 

So  cheer  thee  up.  and  kiss  thy  Catiline. 

(Aurelia  who  has  Buried  Her  Head  on  his  Breast 
Since  he  Began  to  Speak  of  His  Death,  and  has 
been  Sobbing  Silently,  Dries  her  Eyes  and  Rais 
ing  Them  to  his  Says) — 

Aurel. :    My  hero  thou  hast  steeled  my  very  soul! 
Till  I  am  worthy  to  be  called  thy  wife — 
Till  History  shall  say,  "There  was  a  spouse 
Worthy  to  be  the  bride  of  Catiline!" 
Cat:       If  anything  could  make  me  despise  death 
More  than  I  do  by  nature  and  by  will. 
Twould  be  the  sight  of  thy  heroic  soul, 

(Embraces  her.     Releasing  her}. 
Now  darling  to  of  set  this  counterplot. 


THE     HAZARD     OF     THE     DIE  45 

ACT  III.     SCENE  I. 
A  Secluded  Street  Near  The  Senate  House. 

Time:  Morning.    An  Hour  Before  Noon  The  Next  Day. 

(Enter  Curius  and  Fulvia). 

Ful. :       May  all  the  Gods  preserve  me  from  such  speed! 
Had  I  the  heels  of  feathered  Mercury, 
Had  I  his  feather-tipped  and  flying  heels 
Upon  my  honour  I'd  not  fly  so  fast! 
Good  Curius:  I  prithee,  pity  take, 
Upon  a  member  of  the  weaker  sex. 

Cur. :  ( Gloo-mily )  — 

The  weaker !     By  the  Gods  the  stronger  sex. 
Look  what  a  thing  thou'st  made  of  me — a  dog, 
A  traitor  and  betrayer  of  my  friend. 
So  help  me.  Mars.  I've  more  than  half  a  mind 
To  end  thy  life  and  then  take  my  life,  too. 

Fu  1. :  ( A I  armed }  — 

Sweet  Quintus.  for  past  love's  sake,  say  not  so. 

You  know  I  love  thee  if  I  do  love  gold. 

My  husband  squandered  all  my  dowry — all! 

In  living  riotous — in  wild   debauch, 

And  when  the  Gods  in  anger  at  his  deeds 

Did  take  him  off  and  rid  me  of  his  weight 

What  was  poor  I — a  widow  lone  to  do, 

But  make  a  living  by  her  lover's  aid. 

Thou  knowest  I  was  born  to  gentle  ways, 

Was  gently  nurtured — am  a  noble's  child : 

Hence  luxury  became  my  vital  breath 

And  sans  my  luxuries  I'd  choke  to  death. 

Thou  knowest  I  was  ever  true  to  thee. 

Cur.:  (Gloomily} — 

That  I  admit — that  thou  wast  ever  true. 

Ful. :       Jove  bless  thee  for  that  word,  my  Quintus,  dear ! 
So  thou  dost  see.  my  darling,  that  the  Fates — 
Dread  Lachesis,  Chlotho  and  Atropos — 
Did  shoot  a  woof  betwixt  my  life- web's  warp 
That — as  ye  lawyers  say — spelled  "nolle  pros." 


46  THE      HAZARD      OF     THE      DIB 

Cur.:       Myself  I  do  despise.     And  I  shall  fly 

From  thee  and  Rome,  and  home,  and  every  man, 
And  in  a  spot  where  no  man  shall  me  know 
Spend  in  seclusion  the  balance  of  life's  span. 

Ful. :  (Alarmed}  — 

Thou'dst  leave  me  sole — in  this  cold  world  alone! 

Cur.:       The  crafty  Cicero  will  pension  thee 

As  much — you've  said — he  did  insinuate. 
And  you  have  friends  i'  th'  Senate — relatives, 
Nobles,  who'd  shelter  thee  most  willingly— 
I  do  not  say  will  glut  thy  cormorant's  greed 
For  jewels,  satins,  silks  and  luxuries 
As  I  have  done.     Now  Fulvia  do  I  go, 
My  traveling  carriage  waits  and  I  depart. 

Ful.:  (Bursting  into  tears}— 

Great  Juno,  save  me!     Is  it  thus  we  part! 

Cur.:  (Coldly  and  sadly}  — 

Fulvia,  in  me  you  see  a  man  that's  dead 
Sans  hope  of  resurrection  in  this  world. 
My  manhood  I  did  slay  unwittingly 
When  I  divulged  the  plot  thanks  to  thy  wiles ; 
Who  played  upon  my  passions  of  a  man — 
As  an  attractive  woman  only  can — 
Till  -first  I  lost  my  head  and  then  my  soul, 
Till  I  lost  this  world  and  all  hope  o'  th'  next. 
Now  nothing's  left  but  exile  or  self-death 
But  suicide — which  counter  to  my  times 
Counter  to  Rome's  traditions  I  dislike. 

Ful.:  (Sadly}- 

Quintus,  forgive  me,  ere  we  part  for  aye, 
Let  me  one  kiss  implant  on  thy  cold  brow 
And  tell  me  as  I  do  so  you  forgive. 

Cur.:  (Rousing   himself  from   the  Apathy    Which   has 

been  Steadily  Increasing  During  the  Dialogue} — 
Willingly,  my  Fulvia,  most  willingly. 

(They  Embrace.     Her   Presence   Overcoming   his 
Lethargy  So  that  he  Sloirly  Takes  Tier  in  His 
Arms  and  Kisses  Her  on  the  Lips  Saying}  — 
May  all  the  Gods  protect  thee — my  poor  girl. 

(They  Separate  in  Silence  and  Sadness — Each  Go- 


THE      HAZARD      OF     THE      DIE 


ing   Slowly   Different    Ways   and    With   Bowed 
Heads] 

(Exeunt). 

(Enter  Catiline  Accompanied  by  the  Entire  Band 
of  Conspirators  Except  Curius,  Followed  by  Clo- 
dius  At  the  Head  of  his  Gladiators). 
Cat.:  (Raising  his  hand]  — 

Here  now  we  halt  and  hold  our  council  brief. 

(The  Column  Comes  to  a  Stand.  Turning  to  Clod- 

ius)  — 

Divide  thy  band,  bold  Clodius,  in  two. 
Command  one  portion  and  the  other  give 
Unto  the  most  deep  trusted  of  thy  men. 
Then  take  position  at  each  head  6'  th'  street 
And  let  none  enter  it  on  pain  of  death. 
Ciod. :      Tis  well,  my  Catiline.     Bold  Spartacus! 

(Calling  a  Powerful  and  Battle- Scarred  Veteran 

Gladiator  to  him)  — 

Divide  the  band  and  take  half  to  thyself 
The  other  I  take — and  this  street  we'll  hold 
Against  all  citizens  as  trespassers 
Upon  the  ground  defended  by  our  swords. 
Spart. :    Right  gladly,  chief,  thy  bidding  will  I  do. 

Tis  many  a  day  since  my  swcrd  hath  drunk  blood. 
I  only  hope  that  Milo  and  his  men 
May  have  the  luck  to  turn  their  heads  this  way — 
Clod. :     By  all  the  Gods  I  echo  that  same  wish! 

What  would  I  not  give  up  to  have  that  fight 
With  crafty  Milo  who  eludeth  me — 
Caes. :          ( L aughing )  — 

Clodius  whispered  'tis  that  Cicero 
Hath  Milo  and  his  men  so  close  mewed  up — 
Around  his  person  as  his  body-guard— 
That  they  are  almost  wild  for  exercise! 
That  like  Numidian  lions  they  do  roar 
And  with  their  thunders  make  the  welkin  ring! 
Clou. :     Would  I  could  ring  my  chimes  upon  his  sconce 

And  wipe  the  score  out  that  between  us  is. 
Cat:        Thou'rt  likely,  Clodius,  to  have  thy  wish. 
For  by  a  spy  I  keep  near  Cicero 


48  THE     HAZARD     OF     THE     DIE 

Word's  come  to  me  that  Milo  and  his  band 
Will  be  deep  hidden  in  the  Senate  house 
Waiting  a  blast  to  be  by  bugle  blown 
By  one  of  ?s  henchmen  in  the  Senate  hid 
When  Cicero  doth  think  the  proper  time 
To  apprehend  me  and  my  friends  hath  come. 

'(The  Conspirators  Start  in  Surprise  But  Without 
the  Slightest  Sign  of  Fear,  and  Draw  Closer  and 
in  a  Circle  Around  Catiline,  who  Smiles  in  Tri 
umph  on  Seeing  that  his  Friends  Draw  Closer  to 
him  Rather  Than  Away  from  him  At  the  New* 
of  this  New  and  Startling  Danger) . 
Caes. :  (Smiling) — 

By  Mars  the  sport  bids  fair  to  be  most  brisk. 
Cat.:       It  doth  bold  Caesar  and  with  a  vengeance,  too. 
Clod. :      Now  by  the  Gods  thy  most,  most  happy  news 

Jumps  to  my  brain  like  rich  Falernian ! 
Spnrt. :  By  Mars,  my  chief ',  but  look  upon  thy  men 

Thou'lt  see  the  wine  hath  sprung  from  thee  to  them! 
(A  Stir  Followed  By  a  Low  Deep  Murmur  of  Ap 
proval  is  Noticeable  Among  the  Gladiators,  mani/ 
of  whom  Involuntarily   Drop   their   Hands    on 
their  Sword  Hilts — Some  Even  Half  Drawing 
their  Swords.     Soon  the  Murmur  Rises  to  a  Roar 
and  the  Men  Draw  their  Swords  and  Shout — 
Raising  the  Following  Battle-Chant  Or  Hymn 
To  Mars)- 
Glad.:    A  Clodius!  A  Clodius!  A  Clodius! 

Mars  is  our  Master — to  Mars  sole  we  bow 
Mars  is  our  God — the  only  God  we  know. 
Lead  us  to  battle  and  we^ll  show  thee  hoir 
Our  swords  do  mete  out  havoc  and  "fierce  woe! 
Cat.:       Bravo!  Brave  war  dogs!    Bravo!  Dogs  of  war 
Who's  backed  by  thee  with  Fortune — will  go  far. 

(Turning  to  Clodius) — 
Withdraw  thy  men.  time  presses,  Clodius. 
Pass  through  the  lines  one  who'll  my  signet  show. 
Clod. :      Tis  well.     T  go. 

(The  Two  Bands  March  off  in  Opposite  Directions. 
Catiline's  Face  is  Pale  as  Death  and  his  Brows 


THE      HAZARD      OF     THE     DIE  49 


are  Knit  in  a  Characteristic  Frown  of  the  Think 
er  and  Man- of -Action — When  The  Two  Are — 
Rarely — Combined — Which  Was  His  Through 
Life — And  Clung  To  Him  In  Death — Being  Im 
planted  On  his  Brow  Upon  the  Occasion  Of  His 
Taking  Of}. 

Cat.:       My  faithful  friends  the  time  hath  come  to  part. 

Caes.:     How  "part"  great  Catiline — the  die  not  thrown! 

Cat. :       Thou  sayest  well,  bold  Caesar,  'tis  not  thrown. 

But  from  our  dread  dice-box  fall  the  dice  of  Death 
Now  that  a  traitor  hath  divulged  our  plans. 
I  briefly  have  already  short  made  known 
The  facts  and  cause  of  Curius'  treachery. 

Ceth. :      I  had  attacked  him  but  I  could  not  find 
Or  hide  or  hair  or  any  trace  of  him. 

Cat.:       A  spy  I've  had  upon  him  since  his  crime 
Informs  me  he  will  instantly  leave  Rome. 

Ceth. :     Let  us  arrest  him  and  cut  off  his  head. 

Cat.:       I'd  thought  of  that  until  I  found  that  he 
Was  prey  to  a  most  deadly  melancholy 
Which  preys  upon  his  heart  and  tortures  him, 
As  vultures  on  God-like  Prometheus  once 
In  the  olden  day  at  Jove's  command  did  prey — 
Tearing  his  liver  and  devouring  same — 
Because  from  Heav'n  he  brought  down  fire  to  man, 
And  from  a  savage  made  him  civilized. 
So  Curius  to  th'  vultures  of  the  Gods 
Th'  avenging  Deities  the  Erinyes 
The  Furies  fell — the  fierce  Eumenides — 
Tisiphone,  Alecto,  Megaera — 
And  the  three  Fates  this  traitor  I  consign. 

Sul. :       And  I  acclaim  thou  dost  sumpremely  well. 
The  gens  Cornelian  hath  ever  been 
The  servitors  of  Fate — trusting  therein. 

Lent. :     My  kinsman's  words  are  sound  as  they  are  true. 
I  highly  do  commend  thee,  Catiline. 

Caes.:      My  chief.  I  praise  thy  high  philosophy. 

Tho'  I  do  stand  for  th'  office  of  Chief  Priest— 
For  Pontifex  Maximus  stand  as  candidate — 


50  THE     HAZARD     OF     THE     DIE 

Religion  weighs  not  overmuch  with  me. 

To  my  mind  all  the  world  is  ruled  by  Chance. 

So  to  my  mind  divine  Philosophy 

Doth  take  religion's  place  as  comforter. 

I  praise  thy  stoical  indifference 

Unto  this  action  base  of  Curius. 

Cat. :       There  you  mistake  me,  Caesar,  by  my  soul! 
'Tis  not  indifference  that  prompts  to  this 
For  Curius  I'd  slay  with  mine  own  hand— 
If  tracking  him  could  bring  me  to  his  den — 
Did  I  not  know  that  he  doth  suffer  Hell. 

Ceth. :      If  that  be  so,  I'll  say  I'm  satisfied. 

Cras. :      If  that  be  so  or  not,  I  do  now  move 

That  we  take  instant  steps  to  clear  the  air 
Of  foul  the  dangers  hovering  overhead. 

Lent. :      No  point  of  order  yet  was  ever  made 

Since  order  e'er  was  known  to  mortal  man 

Of  more  precise  and  perfect  excellence 

Than  this  same  point  friend  Crassus  just  now  made. 

Cat.:  (Smiling   Sarcastically,   looking   At   Crassus   and 

Lentulus). 

My  worthy  friends,  fear  not  thy  sacred  skins 
Run  slightest  risk  from  this  same  moment  on. 

Cras  '    1 

T       "     K  How's  that!  '(Pricking  up  their  Ears  Eagerly}. 

Cras.:       I  yearn  thy  point,  great  Catiline,  to  catch. 

Cat.:  (Smiling  broadly]  — 

The  point  is  simply  this.     That  from  now  on 
The  brunt  o?  th'  danger's  borne  by  three  men  sole, 
(Crassus  and  Lentulus  Start  with  Pleased  Surprise. 
Caesar   Starts    Angrily   and   Looking    at   Cati 
line  Exclaims)  — 

Caes. :     Upon  my  life  that  deep  amazeth  me! 

Cat.:       I  thought  as  much,  bold  Caesar.     Hear  me  out. 
The  whole  complexion  of  the  plot  is  changed 
Now  that  the  other  side  doth  know  our  hand. 
The  plot  was  triune  ere  this  thing  occurred, 
The  Senate,  this  teeming  City  and — the  field— 
The  field — where  Manlius  and  his  legions  be. 
The  first  two  now  eliminate  do  stand. 


THE      HAZARD      OF     THE      DIE  fcl 

One  only  now  remains  and  that's — the  field. 
No  act  of  violence  doth  now  impend — 
So  far  as  our  side  is  concerned  at  least — 
Within  the  confines  of  this  city's  walls. 
Heading  my  legions  I  shall  march  on  Rome. 
But  one  thing  still  remains.     Face  Cicero, 
Who  in  the  Senate  will  this  very  day 
Attack  me  as  the  head  of  this  deep  plot. 
I  shall  reply  and  scorn  his  paltry  proofs — 
The  word  of  Vettius — that  sneaking  cur — 
And  possibly  a  letter  from  the  man 
The  Fates  have  ta'en  in  hand — from  Curius 
To  me  re  honours,  giving  all  your  names — 
Of  which  you  know — but  stating  nothing  strictly 
Treasonable — the  wording  is  too  vague. 
Nothing  from  Curius  bears  actual  weight 
Since  he  hath  fled  and  therefore  doth  confess 
Himself  afraid  to  face  me  with  his  words. 
Now  nought  of  danger  can  come  from  said  proofs 
They're  far  too  slight  and  vague-chimerical. 
The  only  harm  they  do  is  balk  our  plot 
And  put  the  Senators  upon  their  guard. 
And  therefore  force  us  to  now  take  the  field. 
But  if  ought  goes  amiss  we  should  straight  have 
Pleaders  at  court — friends  'mongst  the  Senators, 
And  none  so  high  among  the  Senate  stand 
As  Caesar,  Lentulus  and  Crassus  here. 

(All  Bow   Assent  But  Caesar,   who  Still  Shows 

High  Dissatisfaction  at  the  Programme}. 
Now  Caesar  is  the  youngest  of  us  here; 
I  have  no  sons  and  none  expect  to  have, 
Therefore  to  me  bold  Caesar  shall  be  heir 
And  wear  the  diadem  which  ye  me  gave. 
Only  meantime  it  must  not  e'er  appear 
That  Caesar's  to  succeed  me  in  this  thing 
Until — on  victory — I  the  garland  wear, 
And  Eome  doth  openly  applaud  me  King. 
Till  then  our  paths  full  separate  should  be 
As  tho'  in  common  nothing  we  did  have. 


52  TUB      HAZARD     OF     THE     DIE 

So  if  the  chance  should  come  he  may  save  me, 
And  if  not  that,  our  common  cause  may  save. 
Fro"1  th"1  wreck  of  the  Republic  I  aspire 
To  raise  the  fabric  grand  of  Rome's  Empire! 
Ceth:     \ 

Sul. :       v     (With  a  joyous  shout)  — 
Lent. :    J 

Hail,  Caesar,  heir  to  Catiline,  our  King! 
Hail  Caesar.  Imperator !  Emperor ! 

Caes. :          (Amazed  and  the  Prey  to  Emotion,  Shrinks  Back 
ward.    Swiftly  he  Recovers  Himself  and  Kneels 
Before  Catiline,  Placing  Catiline's  Hand  Upon 
His — Caesar's — Head,  Whereupon  a  Fresh  Shout 
Breaks  out.    Still  Kneeling — 
Great  Catiline,  to  thy  will  do  I  bow. 
Cat.:       Rise.  Caesar,  heir  to  my  Imperial  hope. 

(Aside  to  Caesar] — 

Be  on  thy  guard  'gainst  Crassus  see — he  mopes. 
(Enter  a  Venerable  Old  Man,  of  Respectable  Ap 
pearance,  and  Being  Dressed  As  Though  on  a 
Journey  and  Bearing  the  Staff  of  a  Traveller. 
He  Approaches  the  Group  Slowly  and  With  Dig 
nity,  Saluting  Them  he  Says) — 
Sooth.:    Which  is  Lucius  Sergius  Catiline? 
His  signet  I  possess,  and  here  it  is: 

(Showing  a  Signet  Ring). 
Received  by  me  in  my  Etruscan  home 
By  messenger  bidding  me  to  straightway  come 
And  tell  the  fortune  of  Catiline  at  Rome. 
Cat.:       Thou  art  the  Etruscan  Soothsayer.  I  see, 
And  gladly  do  I  welcome  thee  to  Rome. 
Speak  freely  now  my  fortune  'fore  these  friends. 
Sooth.:    First  let  me  draw  a  circle  on  the  ground 

My  soul  to  buttress  from  all  worldly  things. 

(Draws  a  Circle  On  the  Ground  With  his  Staff). 
I  enter  now  the  realm  of  Destiny, 

(Entering  the  Circle). 

And  by  my  humble  lips  will  speak  the  Fates 
Lachesis,  and  Clotho,  Atropos — the  Three — 
If  to  their  sacred  minds  it  seemeth  well 


THE     HAZARD     OF     THE     DIB  53 

The  future  at  this  time  t'  reveal  to  me — 
They  who  all  things  know  in  Earth,  in  Heaven,  in 
Hell. 

(After  a  Brief  Pause  During  Which  He  stands  in 
an  Erect  but  Easy  Attitude,  his  Grossed  Hands 
Resting  on  the  Top  of  his  Staff)— 
I  feel  the  current  coursing  thro'  my  blood; 
/  feel  the  dread  that  precedes  Atropos, 
Therefore  the  Fates  I  find  in  friendly  mood; 
Hence  waves  of  deep  emotion  my  soul  toss. 
/  now  begin  the  Fate  of  Catiline. 
Ha!  What  is  this  I  feel!    The  pang  of  death? 
To  feel  'tis  that — I  sadly  must  incline 
For  hardly  do  I  draw  my  struggling  breath. 

(Catiline  Starts  Slightly  and  Then  Smiles  Grimly. 
The  Others  Regard  Him  with  Sympathetic  In 
terest  Except  Crassus,  Who  Appears  Sullen  and 
Lost  in  Thought.     The  Soothsayer  continues)  — 
The  shock  of  battle  shortly  doth  impend 
When  blood  will  flow  like  water  in  the  Spring 
But  vast  beginnings  start  from  this  sad  end, 
A  mighty  Empire  shortly  shall  up-spring. 

(Catiline    and    Caesar    start    Violently;    Catiline 
Raises  His  Head,  Smiling  Proudly.    The  Sooth 
sayer  Pauses,  Then  Goes  On)— 
No  more  the  Fates  will  give,  no  word  will  come 
Wait  as  I  may,  no  answer  is  vouchsafed. 
So  now  I  turn  towards  my  Etruscan  home. 
Trusting  at  my  scant  words  thou  art  not  chafed. 
Hail  Catiline  the  F,ather  of  a  State 
Whose  power's  vast!    Whose  sunsetting  is  late. 
Ceth. :      \ 

Caes. :  (All  except  Catiline  and  Crassus  Shout  in  Uni- 

Lent. :  .  i  son). 

Sol: 

Hail!  Catiline,  our  King  and  Emperor! 
The  Soothsayers''  words  true  are  to  the  core. 
Cat. :       My  valiant  friends,  I  thank  thee  from  the  heart. 
The  time  is  up !  Or  live  or  die  we  start. 
'(Handing  the  Soothsayer  a  Heavy  Purse  of  Gold 


54  THE     HAZARD     OF     THE     DIE 


and  Taking  the  Signet  Ring  in  Exchange,  Say- 


Take  this,  my  friend,  you've  performed  well  thy  part 

And  proved  a  master  of  thy  most  dread  Art. 

My  death  you've  presaged,  and  to  death  I  go, 

But  by  the  Gods  I'm  joyous  —  sans  all  care  — 

Happy  as  bridegroom  —  full  as  free  from  woe  — 

But  of  my  jocund  sword  let  foe  beware  — 

For  from  my  blood,  an  Empire  vast  will  spring 

Ruling  the  world  —  o'ershadowing  the  earth 

And  dying  thus,  thus  Death  doth  crown  me  King. 

So  of  Imperial  honour  there's  no  dearth. 

I  dedicate  myself  to  th'  Infernal  Gods 

(Smiling  grimly}. 

That  in  the  coming  fight  should  give  me  odds. 
My  Cethegus  —  my  right  hand  in  this  thing, 
My  fiery  Cethegus  —  bring  up  the  men; 

(Exit  Cethegus). 
Sulla,  thou  art  my  left  —  as  tried  as  true. 

(Sulla  Bows  Proudly.     Upon  the  Approach  of  the 

Gladiators  Catiline  says)— 
Bold  Clodius  hold  in  reserve  thy  band 
Hard  by  the  Senate  House  in  sound  of  blast 
From  bugle  'neath  my  toga,  'thwart  my  back. 
Three  blasts  upon  that  bugle  blown  will  bring 
Thee  and  thy  comrades  to  my  aid  pell  mell! 
Clod.  :     It  will,  my  lord.    And  swift  as  tiger's  spring. 
Cat.:  (Smiling  Proudly)  — 

'Tis  well.    And  now  one  last  word  ere  we  go. 
Caesar  and  Lentulus  and  Crassus,  too, 
Must  hold  yourselves  aloof  from  ought  that  comes. 
To  men  of  brains  no  further  need  of  talk. 

(All  Three  Boic  Assent.     Caesar  Reluctantly). 
Your  hands,  all  three  —  our  compact  stern  to  bind  — 

(Caesar  and  Lentulus  >Clasp  His  Hand  Warmly. 
Crassus  Coldly). 


THE      HAZARD      OF     THE      DIE  55 

ACT  III.     SCENE  II. 
The   Senate  House. 

(Caesar,  accompanied  by  Lentulus  and  Crassus,  enters  the 
Senate  House  by  one  door;  while  Catiline,  accompanied  by 
Cethegus  and  Sulla,  enters  by  another.  The  Gladiators  under 
the  command  of  Clodius  and  Spartacus  remain  at  the  extreme 
end  of  the  street  in  which  the  council  is  held,  hidden  from 
view  in  the  shrubbery  of  a  garden.  The  street-head  is  within 
a  stone's  throw  of  the  Senate  House.  The  Senate  has  been  in 
session  for  some  time  when  the  Conspirators  enter,  and  Cicero 
is  just  concluding  an  attack  upon  Catiline  with  the  following 
words:  "Conscript  Fathers,  I  have  said  enough  to  show  every 
Senator  that  the  author  of  this  colossal  and  utterly  unheard 
of  conspiracy — both  as  regards  its  scope  and  the  daring  neces 
sary  to  put  it  into  execution — having  proved  himself — accord 
ing  to  my  eloquent  words  before  you  all  just  now — a  villain 
and  criminal  of  the  worst  and  most  hardened  type — is  worthy 
of  nothing  short  of  death.  I  therefore  hereby  cast  my  vote  for 
his  execution."  Catiline  reaches  his  seat  during  the  lull  that 
follows  these  words.  Having  done  so  he  rises  and  says  he 
desires  to  say  a  few  words  in  answer  to  the  heavy  charge  just 
lodged  against  a  Roman  Senator.  He  then  goes  on  to  attack 
the  evidence  adduced  by  Cicero,  and  winds  up  with  the  fol 
lowing  remark:  "It  ill  becomes  a  'new  man'  like  Cicero — a 
man  without  any  claim  to  birth  or  lineage — to  attack  one  of 
the  proudest  names  in  Rome."  He  then  resumes  his  seat. 
Whereupon  Caesar  rises  and  says  that  death  is  too  severe  a 
punishment  in  the  premises,  and  that  confiscation  of  property 
and  imprisonment  in  some  provincial  town  should  suffice. 
Lentulus  follows  to  the  same  effect.  Crassus  holds  his  peace 
and  sits  sullenly  in  his  chair,  absorbed  in  thought.  Presently 
a  shout  is  heard,  and  Milo,  at  the  head  of  his  Gladiators, 
enters  and  makes  straight  for  Catiline.  At  once  Catiline, 
Cethegus  and  Sulla — who  sit  on  his  right  and  left — with  a 
wave  of  their  arms,  discard  their  togas  and  appear  in 
complete  armour,  with  swords  at  their  sides.  A  cry  of  sur 
prise  and  alarm  is  immediately  thereupon  raised  by  the  Sen 
ate,  headed  by  Cicero.  Meantime  Milo  and  his  men  begin 


56  THE     HAZARD     OF     THE     DIE 

circling  about  the  three  Conspirators.  Caesar  at  this  mo 
ment  darts  from  his  seat  and  rushing  past  the  intervening 
Senators,  throws  himself  in  front  of  Catiline  and  between  him 
and  Milo,  shouting  out:  "Back  Milo,  or  thy  life  shall  forfeit 
be."  Catiline,  seizing  the  moment  of  respite  this  diversion 
gave  him,  raises  the  bugle — suspended  on  a  gold  chain  over 
'his  shoulder  and  under  his  arm — to  his  lips  and  blows  three 
terrific  blasts  in  quick  succession.  Instantly  there  is  an  an 
swering  deep-throated  yell  from  Clodius'  band.  At  sound  of 
this,  Milo  instantly  turns  and  gives  a  few  orders,  in  a  low 
tone  to  his  men,  who  face  about  and  in  the  direction  of  the 
shout,  and  form  in  close  order.  Hardly  have  they  done  so 
before  Clodius  appears  at  the  double-quick,  sword  in  hand 
and  shield  on  arm,  charging  into  the  Senate  Chamber  with 
Spartacus  at  his  elbow,  followed  by  his  infuriated  band  of 
Gladiators.  At  sight  of  them  Milo's  band  raises  a  yell  of 
rage  and  defiance  which  shakes  the  Senate  House,  which  is 
followed  by  one  fully  as  vindictive  upon  the  part  of  Clodius' 
band.  Hardly  has  this  yell  died  away  when  Catiline  raises 
a  shout  of  such  blood-curdling  ferocity  and  hist  for  blood, 
that  every  face  in  the  Senate  is  turned  upon  him.  Hardly 
have  the  sounds  ceased  to  rush  from  his  lips  before — following 
them — he — followed  closely  by  Cethegus  and  Sulla — sword  in 
hand — dashes  into  the  thick  of  Milo?s  band  taking  them  in 
the  rear.  Two  hardy  gladiators  fall  dead  in  their  tracks  at 
the  first  two  strokes  of  his  sword.  The  head  of  a  third  falls 
from  his  shoulders  and  bounds  onto  the  marble  floor  of  the 
Senate  at  the  third  stroke  of  Catiline's  eager  sword.  Mean 
time  Cethegus  has  killed  his  man  with  a  skillfully  aimed 
thrust,  and  Sulla  has  lopped  off — close  at  the  shoulder — the 
right  arm — the  sword  arm — of  his  opponent.  The  blood  curd 
ling  yells,  of  the  now  fiercely  fighting,  and  closely  joined,  bands 
of  Gladiators,  are  something  terrible  to  hear.  The  fortunes 
of  war  are  steadily  veering  toward  Catiline  and  Clodius,  who 
have  Milo's  band  between  them,  when  a  shrill  bugle  blast 
is  heard,  and  a  whole  Cohort  of  Roman  soldiers — which  had 
been  secretly  summoned  to  the  City  by  Cicero  overnight — en 
ters  and  advances  at  the  charge  upon  the  rear  of  Clodius  and 
his  men.  There  is  no  way  of  escape  possible.  Clodius 
shouts:  "Let  each  stout  Gladiator  see  that  two  Roman  sol- 


THE     HAZARD     OF     THE     DIE  57 

diers  as  guard  of  honour  go;  to  bear  him  company  across  the 
Styx!"  A  terrific  yell  from  the  still  numerous  and  vigorous 
band  of  Clodius  follows,  over  which  the  mastiff-like  roar  of 
Spartacus  can  be  readily  distinguished.  Thereupon  Cati 
line  raises  his  clarion  voice  once  more  shouting:  "The  doom 
of  the  Republic  now  doth  sound!  My  blood-dripped  sword- 
strokes  beating  out  her  knell!"  With  these  words  his  sword 
whirls  like  a  Catherine  wheel,  Gladiators'  arms  and  heads 
skipping  off  its  edge  like  apples  from  a  butcher's  knife.  Sud 
denly  his  foot  slips  in  a  pool  of  blood  of  his  own  shedding. 
Instantly  a  gigantic  Gladiator  from  the  forests  of  Germany, 
his  tow-colored  hair  dripping  with  blood  from,  a  glancing 
stroke  of  Catiline's  sword  which  had  carried  away  his  left 
scalp  and  left  ear,  darts  upon  him  and  pierces  his  neck.  It 
is  the  Teuton's  last  act  on  earth,  for  Cethegus,  springing 
upon  him,  severs  his  head  from  his  body  with  the  words, 
"Die,  thou  Barbarian  beast,  for  this  foul  act !"  But  the  soldiers 
have  by  now  surrounded  Clodius  and  his  men.  The  Prefectf 
is  fighting  hand  to  hand  with  Clodius,  who  is  pushing 
him  hard,  when  a  Legionary,  slipping  under  Clodius'  guard  as 
he  was  thus  engaged,  pierces  his  arm-pit.  Before  he  can 
withdraw  his  sword  Spartacus,  with  the  yell  of  a  de 
mon,  springs  upon  him,  and  drives  his  sword  up  to  the  hilt 
between  his  teeth,  who  in  turn  is  pierced  by  the  Prefect's 
swift  turning  sword.  All  fall  with  wounds  in  front, 
and  each  accounts  for  at  least  two  of  the  Legionaries.  Milo's 
band — of  whom  only  half  a  dozen — including  Milo — practi 
cally  hors  de  combat  from  wounds — remain,  are  all  dan 
gerously  wounded,  but  are  able  to  make  front  against  Sulla 
and  Cethegus,  who  fight  on,  utterly  undismayed  at  the  cer 
tain  death  hanging  over  them,  as  well  as  utterly  oblivious  to 
theii  now  rapidly  bleeding  and  numerous  wounds.  Suddenly 
Cethegus  cries:  "Sulla,  I  die;  stand  o'er  me  till  I  pass."  At 
these  words  Sulla  throws  the  protection  of  his  shieldft  over 
him,  whirling  his  sword  in  every  direction  and  thus  holding 
the  approaching  six  wounded  gladiators  at  bay.  No  sooner 
does  Caesar  see  this  than  he  leaps  over  the  corpses  that 

tThe  officer  commanding  the    Cohort. 

ttHe  as  well  as  Catiline  and  Cethegus  having  immediately  mas 
tered  the  shields  of  the  first  foes  slain. 


58  THE     HAZARD     OF     THE     DIE 

surround  Catiline  and,  seizing  sword  and  shield  from 
Catiline's  hand,  shouts  to  the  six  Gladiators:  "Back  on  your 
lives,  I  kill  the  first  man  moves!"  The  Prefect  brings 
his  frightfully  mauled  Cohort  to  "attention" ;  the  six  wounded 
Gladiators  wipe  their  bloody  brows  on  the  backs  of  their  gory 
hands,  and  all  is,  for  a  moment,  silent  in  the  Senate  House. 
Suddenly  Cethegus  crawls  towards  Catiline.  On  reaching 
him  he  finds  to  his  surprise  he  is  still  breathing.  Catiline, 
at  his  last  gasp,  opens  his  fierce  eyes  on  Cethegus  and  mur 
muring,  "Aurelia,"  expires.  Whereupon  the  heroic  Cethegus — 
himself  in  the  agonies  of  death — murmurs  in  his  death-cold 
ear — Caesar  lowering  his  ear  to  catch  the  message  of  a  dying 
man  to  a  dead  one: 

"Peace,  mighty  spirit,  Caesar  11  be  thine  heir 
And  carry  out  thy  purpose — found  a  throne/ 
Upon  the  ruins  of  this  rotten  State." 

(Dies). 

Caes. :          (Reverently  closing  the  eyes  of  Cethegus  and  Cati 
line)— 
Yes,  fiery  spirit.   Rest. 

(The  End). 


THE      HAZARD     OF     THE      DIE  S9 


EPILOGUE 

To 
THE  HAZARD  OF  THE  DIE. 

Chorus  loquitwr. 

Fair  reader,  this  grim  play  scarce  but  begins 

A  chain  of  plays  that  equals  Shakspeare's  length. 

In  saying  this  think  not  the  Chorus  sins 

We  know  our  productivity  and  strength. 

Plays  in  blank  verse  wherein  all  History 

From  most  remotest  times  to  Shakspeare's  day — 

Before  which  date  History's  mystery 

After  which  date  there's  scarcely  ought  to  say — 

Plays  in  blank  verse  wherein  the  action  dread 

Of  mighty  men  that  held  the  world  in  awe 

Shall  by  the  Muse  in  varied  hues  be  spread 

With  loves  of  women  of  beauty  past  all  flaw! 

Prove  now  the  tests  we  in  the  rear  accord 

See  spear  of  Shakspeare  and  fierce  Marlowe's  sword,  f 

tAn  analysis  of  their  fame:    by  Professor  George  Saintsbury,  and 
the  late  John  Addington  Symonds,  respectively. 


THE  TEMPLE  OF  APOLLO 

AND 

THE  MUSES 


SHAKESPEARE    AND    BLANK    VERSE. 

"A  HISTORY  OF  ENGLISH  PROSODY"t 

by 

GEORGE   SAINTSBUBY, 

Professor  of  Rhetoric  and  English  Literature 

At   the   University   of   Edinburgh. 

GENERAL  CONSIDERATIONS. 

"In  the  foregoing  survey  of  Shakespeare's  plays  I  have  given  some 
general  idea  of  the  way  in  which  the  operation  of  the  various  agencies 
shows  itself,  with  (as  far  as  possible)  the  order  of  their  succession. 
Really,  though  chronological  illustration  is  interesting  and  corrobora 
tive,  it  is  in  a  way  superfluous,  because  we  can  see  without  it  how 
the  employment  of  them  would  grow  on  the  hands  of  such  an  artist. 
Of  deliberate  experimenting  with  any  or  all  of  them  there  would 
probably  not  be  very  much ;  the  man  who  wrote  'Rebellion  lay  in  his 
way,  and  he  found  it,'  has  dispensed  us  from  any  such  vain  imagina 
tion.  These  things  lay  in  his  way ;  and  he  found  them,  and  made  the 
most  of  them.  That  'most'  also  has  been  illustrated  freely.  But  it 
is  perhaps  desirable  to  give  it  an  account  of  something  the  same  kind 
as  that  which  has  been  given  to  the  style  which  was  its  matrix  and 
crude  form.  The  completed  Shakespearian  blank  verse,  as  we  see  it 
maturing  in  the  later  early,  and  middle  plays,  and  matured  in  the  four 
great  tragedies  and  in  Antony  and,  Cleopatra,  preserves  the  iambic 
decasyllabic  as  norm  inviolably ;  never  instals  any  other,  and  makes 
everything  that  it  admits  hold  of  that.  But  the  strict  minimum  is 
infinitely  varied,  and,  even  when  kept,  is  entirely  stripped  of  its 
monotonous  and  stable  character,  and  made  to  understand  that  it  must 
be  Protean  in  itself,  and  ready  to  enter  into  infinite  combinations 
with  its  neighbors.  The  great  agency  in  this,  beyond  all  doubt,  is 
the  manipulation  of  the  pause.  Not  that  Shakespeare  is,  as  some  have 
vainly  thought,  to  be  scanned  by  'staves' — staves  'knapped,'  as  the 
good  old  Biblical  word  has  it,  almost  as  bluntly  as  the  old  alliterative 
verses  themselves.  The  futility  of  this  notion  is  shown,  in  a  way 


tVol.   II,  pp.  48-56  and  p.  65. 


62 

which  makes  it  wonderful  that  it  should  ever  have  been  entertained 
by  anybody,  in  the  fact  that  a  very  large  proportion  of  Shakespeare's 
lines  have  no  real  pause  at  all,  are  'staves'  of  themselves,  and  hardly 
even  that,  so  unbroken  is  the  rhythmical  current  of  the  adjacent  lines 
from  and  into  them.  This  doing  away  with  the  middle — and  end — 
pause  alike  is  at  least  as  important  as  the  variation  of  the  middle, 
and,  in  fact,  is  but  an  extension  of  it. 

The  normal  blank-verse  line  of  the  origins,  as  Shakespeare  took 
it  over  from  Surrey,  Sackville,  and  even  the  Wits,  was  a  strict 
'decasyllabon'  of  five  iambics,  with  a  caesura  somewhat  carefully  ob 
served  about  the  middle,  and  self-inclosed  in  a  manner  not  easy  to 
make  plain  by  individual  examples,  or  by  any  process  of  overt  analysis, 
but  sensible  to  any  ear  of  the  slightest  delicacy  when  a  few  specimens 
have  been  read.  It  sometimes  admitted  a  sort  of  redundance  or  'weak 
ending,'  not  merely  in  words  which  were  really  then  monosyllables, 
like  'heaven,'  but  in  those  which  were  trochaic-tipped  with  a  very 
short  final  syllable,  like  'glory.'  This  license,  however,  did  not  in  the 
least  affect  its  general  structure.  It  by  no  means  always  concluded 
with  even  a  comma  (though  it  mostly  did  so)  ;  but  the  grammatical 
running  on  did  not  in  the  least  interfere  with  the  metrical  snapping 
off.  It  tolerated  pretty  strong  stops  in  the  middle  of  the  line,  but 
these  also  (so  much  stronger  was  the  obsession  of  line-integrity)  did 
not  interfere  with  the  sunk  ditch  of  the  line-end.  Thus,  even  when, 
as  in  the  great  passages  of  Peele  and  Marlowe,  the  unity  of  thought 
and  imagination  made  the  paragraph  quite  poetically  distinct,  this 
paragraph  was  never  a  real  verse-period  of  the  larger  kind ;  there  was 
no  composition  in  the  purely  rhythmical  and  metrical  conception  of 
the  verse.  To  put  the  thing  extremely-extravagantly,  some  would  say — 
the  delivery  of  this  paragraph  to  a  person  who  did  not  understand 
the  language  would  have  conveyed  to  him  the  idea  of  some  dozen  or 
sixteen  verses,  individually  perhaps  melodious,  but  not  regimented,  not 
worked  into  any  kind  of  symphony.  This  sort  of  blank  verse  we  find 
in  all  the  writers  named  above  exclusively,  with  the  exceptions  (and 
others,  of  course),  also  noted  above,  in  Marlowe  and  his  mates,  when 
the  rough  strife  of  poetry  bursts  its  way  through  the  iron  gates  of 
metre.  We  find  it  also  in  Titus  Andronicus,  in  the  Comedy  of  Errors, 
in  Love's  Labour  Lost  in  the  early  rehandled  'Histories,'  and  elsewhere 
in  Shakespeare  himself. 

But,  as  partly  noted,  there  are  certain  features  even  in  this  rigid 
and  early  model  which  are  at  war  with  the  self-contained  single  line 
and  the  merely  cumulative  batch  of  lines.  They  may  be  kept  under 
as  long  as  the  poet's  chief  aim  is  to  secure  his  decasyllabon,  to  keep 
it  from  doggerel  on  the  one  hand,  and,  on  the  other,  to  make  it 
independent  of  the  warning  bell  of  rhyme  at  the  end.  But  when  prac 
tice,  in  himself  to  speak  and  in  his  readers  to  hear,  has  made  the 
blank  decasyllabic  effect  familiar  when  it  need  not  be  strictly  uniform 
in  order  to  obtain  recognition — these  features  assert  themselves.  The 
first  of  these  probably,  and  the  most  insidious,  but  also  the  most  revo- 


63 

lutionary,  is  the  redundant  syllable.  It  is  of  an  ancient  house ;  we 
had  ourselves  fif teeners  before  we  had  fourteeners,  and  in  all  prosodies 
from  Greek  downwards  there  has  been  a  tendency  to  regard  the  last 
place  in  a  line  as  a  place  of  license  and  liberty.  It  is  curiously  unas 
suming;  in  words  (to  keep  the  same  examples)  not  merely  like  'heaven,' 
but  like  'glory',  it  is  a  sort  of  'breath'  only,  something  that  you  do  not 
count,  but  just  smuggle  in  with  its  companion.  Yet,  as  we  shall  see 
presently,  it  is  a  very  Trojan  Horse  in  reality.  Then  there  is  a  stop, 
full  or  other,  in  the  middle  of  the  line.  This  also  is  innocent-seeming. 
What  is  it  but  a  mere  grammatical  emphasising  of  the  caesura,  itself, 
recognized  of  Gascoigne  and  all  good  people  long  before  the  first  of 
the  Wits  had  trodden  or  supplied  the  stage?  Next  probably — but  it 
need  hardly  be  said  that  I  stand  not  upon  the  order — comes  the  inter 
mixture  of  rhyme,  a  thing  which  the  greatest  blank  verse  will  frown 
upon,  but  which  is  so  likely  as  a  relapse,  so  convenient  as  a  'cue-tip,' 
so  pleasant  to  the  as  yet  unaccustomed  ear  of  the  groundlings ;  and 
which,  be  it  remembered,  almost  necessitates  a  sort  of  junction  between 
two  lines,  though  it  may  favour  the  closing  of  the  couplets.  All  these 
things  are  apparently  compatible — certainly  found — with  the  stiffest 
of  the  drumming  decasyllabons,  yet  secret  solvents  of  their  stiffness. 

Other  things,  still  not  ostensibly  revolutionary,  next  suggest  them 
selves.  We  have  seen  in  the  last  volume,  that  mediaeval  poets,  whether 
through  inexpertness  or  by  experiment,  and  fifteenth-century  poets 
through  clumsiness,  largely  curtailed  or  extended  the  normal  length  of 
the  line;  that  there  are  Alexandrines  even  in  Chaucer,  while — a  point 
to  which  the  Renaissance  was  likely  to  pay  more  attention — there  are 
undoubtedly  incomplete  lines  in  Virgil.  Why  not  avail  oneself  of  these 
licenses?  Even  Marlowe  had  done  so  now  and  then.  Why  not?  But 
if  you  do.  your  sacred  integer  of  ten  syllables  is  rudely  touched.  Once 
more,  again,  you  have  recognized,  and  had  formally  recognized  for 
you,  the  duty  of  making  a  sort  of  fold  or  crease  in  each  verse  at  the 
fourth,  fifth,  or  neighboring  syllable.  It  is  inconvenient,  as  well  as 
monotonous  always  to  do  it  at  the  same  place;  yet,  when  you  begin 
to  vary  that  place,  is  not  the  structure  of  the  line  troubled,  though 
beneficently  so?  And  is  there  not  somehow  a  kind  of  rhythmic  con 
spiracy  in  the  successive  lines  where  you  vary  it?  Then,  too,  there 
comes  the  power  of  words.  Important  or  beautiful  words,  adjusted, 
spaced,  accumulated,  give  brilliancy,  splendour,  weight  to  the  line.  But 
the  line  is  so  short.  Why  cut  the  necklace  into  lengths?  Why  not 
make  the  stars  constellations?  And,  lastly,  there  is  the  trisyllabic  foot. 

I  trust  I  may  repeat  (after  the  not  of  course  unanimous  but  fairly 
general  acknowledgment  of  critics,  that  the  preceding  volume  has 
made  something  of  a  case  for  it)  that  the  trisyllabic  foot  is  ubiquitous 
in  English  verse  from  1200  to  1500,  and  that  nothing  but  the  reaction 
from  the  anarchy  of  doggerel  brought  about  later,  the  partial  and  only 
partial  reprobation  thereof.  But  there  is  no  need  to  have  recourse  to 
this,  though  from  the  historical  point  of  view  it  cannot  be  omitted.  In 
blank  verse,  and  especially  in  dramatic  blank  verse — when  once  the 


64 

practitioner  has  got  rid  of  his  fear  of  losing  the  guide-rope,  if  he  step 
out  of  the  strict  iamb — it  must,  in  English  appear.  It  does  appear; 
and  with  it  disappears  the  mere  rub-a-dub  of  the  decasyllabon. 

THE  PAUSE. 

In  arranging  the  pause — at  any  syllable  from  first  to  ninth,  and  at 
no  syllable  at  all,  not  even  tenth — he  is  helped  infinitely  by  that  dis 
tribution  of  the  weight  of  words,  rather  after  the  fashion  of  quick 
silver  in  a  reed  than  of  leaden  bracelets  fastened  at  intervals  around 
a  stick,  which  has  been  more  than  once  referred  to.  Nobody  has  ap 
proached  Shakespeare — Tennyson  has  perhaps  coine  nearest,  for  Mil 
ton's  verse  is  too  uniformly  stately  for  comparison — in  this  mastery  of 
poetical  conjuring  with  word  and  line,  a  mastery  of  which  he  had 
more  than  a  glimpse  as  early  as  Romeo  and  Juliet,  and  of  which  he 
gave  the  final  and  perfect  display  in  The  Tempest.  The  lines  rise,  fall, 
sweep,  wave,  dart  straight  forward,  are  arrested  in  mid-air,  insinuate 
themselves  in  serpentine  fashion  as  if  in  sword  play  with  an  invisible 
adversary. 

But  these  effects  of  weight,  lightness,  pungency,  arresting  power, 
and  so  forth,  are  at  least  partly  caused — are  certainly  assisted  im 
mensely — by  two  other  things,  the  redundant  ending  and  the  trisyllabic 
foot.  The  first  chiefly  gives  variety;  the  second  variety  and  flexibility 
as  nothing  else  could  do;  while  variety  again  is  lent  by  the  shortened 
fragment  verses  and  the  elongated  Alexandrines  and  fourteeners,  or 
by  verses  with  several  trisyllabic  feet  in  them.  How  these  various 
devices  may  be  made  to  subserve  particular  effects  of  meaning,  shades 
of  passion,  and  the  like,  need  not  be  much  dwelt  on.  This  is  a  form 
of  prosodic  study  which  has  always  commended  itself  to  the  multitude 
as  much  as,  perhaps  almost  more  than,  it  should.  But  as  to  the  way 
in  which  the  use  of  the  trisyllabic  foot  grew,  I  have  a  theory  which 
is  doubtless  not  new,  but  about  which  I  have  not  seen  much  written. 

THE  TRISYLLABIC  FOOT  AND  ITS  REVIVAL, 

It  has  been  observed  before,  that,  according  to  the  principles  of 
this  book,  'extra-metrical'  syllables,  anywhere  but  at  tne  end  or  middle 
of  the  verse,  are  a  confession,  as  the  case  may  be,  of  impotence  on 
the  part  of  the  poet  if  they  exist,  of  the  critic,  if  they  are  supposed 
to  exist.  And  no  great  admiration  has  been  hinted  of  the  extra -metrical 
syllable  at  the  middle  in  any  case.  I  believe,  however,  that  at  this 
critical  moment  in  the  history  of  blank  verse  and,  through  the  influence 
of  this  on  rhyme,  in  the  history  of  English  poetry  generally,  the  mis 
take  or  laches  of  indulging  in  this  internal  excrescence  brought  about 
a  great  good.  A  large,  a  very  large  number  of  lines  could  be  pointed 
out  where  such  a  syllable  is  almost  undoubtedly  intended  by  the  poet 
(supposing  he  thought  about  it  at  all)  as  a  license  of  the  kind,  and 
not  to  be  carried  on  to  the  other  half  of  the  line.  As  sucn,  the  effect 
is  almost  always  ugly;  it  can  only  be  admired  by  those  persons  (with 
whom  the  present  writer  most  heartily  differs,  though  he  has  been 


65 

confused  with  them)  who  think  that  an  irregularity  must  be  an  im 
provement,  that  a  mole  must  be  a  beauty,  that  discord  must  be  har 
monious.  But  such  an  ear  as  Shakespeare's  could  not  fail  to  perceive 
that  this  ugliness  could  be  turned  into  a  beauty  by  simply  effecting 
the  connection,  and  fusing  the  derelict  syllable  with  the  following 
iamb  to  make  an  harmonious  anapaest.  And  this,  I  have  myself 
not  the  slightest  doubt,  was,  in  his  and  other  cases,  the  actual  genesis 
(whether  consciously  and  deliberately  carried  out  does  not,  once  more, 
in  the  least  matter)  of  the  revived  trisyllabic  foot  which  Gascoigne 
has  bewailed  as  dead.  And  so  the  discord  was  made  harmonious ;  the 
mole  did  become  a  beauty ;  and  the  irregularity  was  the  foundation 
of  the  larger  and  nobler  Rule.  The  process,  in  fact,  is  one  of  the 
best  examples  of  that  operation  of  growth  and  life  to  which  the  people 
who  say  that  the  ballad  writers  never  thought  about  contending  for 
the  liberty  of  this  very  trisyllable  foot  itself,  seem  insensible.  I  do 
not  know  whether  the  wind  thinks  about  blowing  or  the  flower  about 
growing,  but  I  know  that  they  blow  and  grow. 

THE  REDUNDANT  SYLLABLE. 

The  use  at  the  end  of  the  syllable,  redundant  or  extra-metrical — 
if  we  must  have  the  word,  though  to  me  extra-metre  is  no  metre — 
has  a  different  history.  At  the  middle  it  is  very  rarely  a  beauty ; 
perhaps  never,  unless  it  can  be  'carried  over'  as  just  described.  At  the 
end  it  is  often  beautiful ;  and,  whether  beauty  or  not,  is  almost  inevi 
table  now  and  then,  and  most  useful  constantly.  Further,  it  is  a 
most  powerful  and  important  instrument  of  variation — a  natural  link 
or  remedy  against  line-isolation  far-descended  as  has  been  said,  and 
of  other  excellent  differences.  But  it  is  something  of  a  Delilah — who 
was  herself  apparently  of  a  good  Philistine  family,  and  is  known  to 
have  had  exceptional  attractions  as  a  person.  Indeed,  the  parable 
or  parallel  works  out  with  remarkable  exactness ;  for  it  is  a  very  con 
siderable  time  before  Delilah  takes  away  Samson's  strength,  and  the 
means  whereby  she  does  so  are  mysterious.  It  can  hardly  be  said 
(though  one  may  feel  a  vague  sense  of  danger)  that  in  Shakespeare's 
own  probably  latest  plays,  where  he  indulges  himself  with  the  re 
dundant  line,  Samson  is  anything  but  Samson  still.  There  are  pas 
sages  on  passages  in  Beaumont  and  Fletcher  themselves — notably  that 
magnificent  piece  in  The  False  One,  which  is  one  of  the  purplest 
patches  in  the  coat  of  Elizabethan  drama — wnere  the  hendecasyllable 
has  it  nearly  all  its  own  way,  with  no  harm  and  much  good.  But 
Delilah  is  still  Delilah;  and  she  is  too  much  for  Samson — the  verse  if 
not  the  verse-smith — at  last. 

ENJAMBMENT. 

N 

She  takes  indeed  two  forms :  for  much  the  same  as  has  been  said 
of  the  redundant  syllable  may  be  said  of  enjambment  or  overlapping. 
This,  indeed,  is  rather  the  special  Delilah  of  the  couplet  than  of  blank 
verse,  but  each  kind  has  to  be  very  wary  when  it  visits  the  vale  of 


66 

Sorek  in  this  manner  also.  Opportunity  of  delight  and  occasion  for 
display  of  power  as  it  is  to  the  verse  that  keeps  itself  strong  and 
wide  awake,  overlapping  is  a  place  of  slipping,  and  may  be  a  pit 
of  destruction,  to  the  loose-girt  and  careless  versifier.  And  it  has,  in 
common  with  redundancy  and  with  the  use  of  trisyllabic  feet,  the 
special  danger  that  it  is  perfectly  easy  to  do  badly.  Anybody  as  soon 
as  these  devices  are  once  recognised,  can  practice  them  after  a  fashion, 
and  everybody  proceeds  to  do  so.  Whence  come  things  for  tears. 

THE  MORPHOLOGY  AND  BIOLOGY  OF  BLANK  VEBSE. 

But  the  offence  is  his  by  whom  the  offence  cometh ;  and  Shakes 
peare  in  his  complete  work  showed  that  there  was  no  necessity  of 
offence  at  all,  while  there  was  the  possibility  (and  in  his  case  the 
accomplishment)  of  infinite  beauty.  Foolish  things  have,  no  doubt, 
been  said — in  fact  they  are  not  unfrequently  said  at  the  present  mo 
ment — as  to  the  superiority  of  blank  verse  to  rhyme;  and  we  shall 
have  to  deal  with  them,  and  with  those  from  Milton  downwards  who 
have  been  and  are  guilty  of  them,  as  they  occur.  At  present  it  is 
sufficient  to  point  out,  first,  that  the  misvaluation  is  merely  a  case 
of  the  common  inability  to  like  two  good  things  without  putting  them 
into  unjust  balances  and  weighing  them  against  each  other  with  un 
stamped  weights.  Secondly,  that,  for  this  purpose  and  that,  blank 
verse  is  not  superior  to  rhyme  but  demonstrably  inferior.  It  will  not 
do — at  least  it  has  not  done — for  strict  lyric,  as  the  moderate  success 
even  of  Campion  or  Collins,  and  the  failure  of  almost  everybody  else, 
have  well  shown.  It  is  a  great  question  whether  it  is  not  a  very 
dangerous  medium  even  for  long  narrative  poems.  But  for  short  narra 
tives;  for  short  descriptive,  reflective,  didactic,  and  other  pieces  of 
various  kinds ;  and  for  every  kind  of  drama,  or  even  partially  dramatic 
matter,  it  is,  in  English,  the  predestined  medium,  hammered  out  at 
first  by  a  full  generation  and  more  of  partly  unsuccessful,  never  more 
than  partly  successful,  pioneers  and  journeymen,  chipped  into  per 
fect  form  by  the  master  Shakespeare,  in  prooably  not  half  a  genera 
tion  longer.  Its  extraordinary  and  unique  success  in  English — for 
German  blank  verse,  good  as  it  can  be,  is  far  inferior,  especially  in 
variety  and  music;  and  I  know  no  thirdsman  that  deserves  to  rank — 
is  probably  due  to  the  fact  that  our  language,  though  perhaps  singly 
accented,  is  not  singly  emphasized ;  that  it  provides  a  large  number 
of  sufficient  resting-places  for  the  voice,  but  does  not  require  (or, 
except  as  an  exception,  allow)  long  dwelling  on  any.  The  way  in 
which  not  merely  the  French  but  almost  all  continental  nations  hurry 
over  half-a-dozen  or  a  dozen  syllables,  and  then  plunge  on  the  sue 
ceeding  one  with  a  volley  of  exploding  and  shrapnel-like  emphasis, 
utterly  ruins  blank  verse,  whether  as  articulately  delivered,  or  as 
read  with)  that  inarticulate  but  exactly  proportioned  following  of 
actual  delivery  which  is  necessary  for  prosodic  appreciation.  It  is  one 
of  the  worst  faults  of  the  stress — or  accent — or  beat-system,  as  op 
posed  to  the  foot,  that  it  vulgarises  and  impoverishes  this  great  metre, 


67 

where  the  unstressed  syllables  are  not  less  important  than  the  stressed, 
It  is  essential  to  blank  verse  that  no  part  of  it  should  be  killed,  and 
none  brought  into  convulsive  and  galvanic  activity ;  otherwise  the 
delicate  and  complicated  or  simple  ana  yet  substantial  melody  is 
jarred  and  jangled  out  of  all  tune  and  time.  Yet  what  infinite  variety 
of  time  and  tune  can  be  got  out  of  it — not  by  'getting  up  stairs'  on 
the  instrument,  and  flinging  oneself  down  again,  but  by  evoking  the 
infinite  variety  of  its  tones  Shakespeare,  Milton,  Thomson,  Shelley, 
Tennyson,  Browning,  have  shown  us.  But  the  greatest  of  these,  and 
the  first,  and  the  master  of  all  the  rest  in  even  the  details  and  pe 
culiarities  in  which  each  is  himself  a  master,  is  Shakespeare.  Pp,  59- 
61. 

THE  SONNETS. 

Very  different  is  it  with  the  Sonnets.  We  are,  of  course,  free 
here  from  the  self-sought  obsessions  in  respect  of  subject  or  object 
which  beset  so  many  students  of  the  marvelous  compositions.  It  is 
enough  for  us  that  they  exist,  and  that  Mere's  references  show  that 
at  any  rate  some  of  them  existed  at  a  pretty  early  period  of  Shakes 
peare's  career,  while  the  general — not  01  course  quite  universal — 
equality  of  the  model  makes  it  very  unnecessary  to  disturb  ourselves 
with  the  futile  inquiry  whether  any,  and  if  so  which,  of  them  were 
not  or  might  not  have  been  handed  about  among  his  private  friends 
before  1598.  Here  the  poet  has  a  medium  which  is  absolutely  con 
genial  to  him,  and  with  which,  as  with  blank  verse,  he  can  do  any 
thing  he  likes.  With  his  usual  sagacity  he  chooses  the  English  form, 
and  prefers  its  extremest  variety — that  of  the  three  quatrains  and 
couplet,  without  any  interlacing  rhyme.  Nevertheless  he  gives  the  full 
sonnet — effect — not  merely  by  the  distribution  (which  he  does  not 
always  observe,  though  he  often  does)  of  octave  and  sestet  subject, 
but  very  mainly  by  that  same  extraordinary  symphonising  of  the 
prosodic  effects  of  individual  and  batched  verses,  which  was  his  secret 
in  blank  verse  itself.  //  it  seem  surprising  that  so  difficult  and  subtle 
a  medium  should  be  mastered  so  early,  let  it  be  remembered  that  the 
single-line  mould,  properly  used,  is  by  no  means  ttnsuitable  to  the  son 
net,  the  effect  of  which  is  definitely  cumulative.  We  have  no  certain 
or  even  probable  sonnets  of  Marlowe's,  for  the  three  coarse  but  fairly 
vigorous  ones  by  'Ignoto,'  usually  printed  with  his  works,  are  very 
unlikely  to  be  his.  But  if  he  had"  written  any  he  would  not  have  had 
to  alter  his  mode  of  line  much  in  itself.  He  would,  however,  have 
had  to  adjust  it  relatively,  as  he  seldom  did,  and  as  Shakespeare  began 
to  do  from  the  first,  by  weighting  it  variously,  by  applying  what  we 
have  called  the  'quicksilver'  touch. 

It  is  by  this  combmed  cumulative  and  diversifying  effect,  this 
beating  up  against  the  wind  as  it  were,  that  the  ordinary  and  extra 
ordinary  'toicer'  of  these  sonnets  is  produced;  and  this  tower  is  to 
some  readers  their  great  and  inexhaustible  charm.  No  matter  what 
the  subject  is,  the  'man  right  fair'  or  'the  woman  coloured  ill,'  the 


68 

incidents  of  daily  joy  and  chagrin,  or  those  illimitable  meditations 
on  life  and  love  and  thought  at  large  which  eternise  the  more  ephe 
meral  things — the  process,  prosodic  and  poetic,  is  more  or  less  the 
same,  though  carefully  kept  from  monotony.  In  the  very  first  lines 
there  is  the  spread  and  beating  of  the  wing;  the  flight  rises  till  the 
end  of  the  douzain,  when  it  stoops  or  sinks  quietly  to  the  close  in 
the  couplet.  The  intermediate  devices  by  which  this  effect  is  pro 
duced  are,  as  always  with  Shakespeare,  hard  to  particularise.  Here, 
as  in  the  kindred  region  of  pure  style,  he  has  so  little  mannerism, 
that  it  is  easier  to  apprehend  than  to  analyse  his  manner.  It  may 
be  a  coincidence,  or  it  may  not,  that  in  a  very  large  proportion  of 
the  openings  what  we  may  call  a  bastard  caesura,  or  ending  of  a 
word  without  much  metrical  scission  at  the  third  syllable,  precedes 
a  strictly  metrical  one  at  the  fourth.  Another  point  is  that,  through 
out,  full  stops  or  their  equivalents  in  mid-line  are  extremely  rare,  a-nd 
even  at  the  end  not  common,  till  the  twelfth,  so  that  the  run  of  the 
whole  is  uninterrupted,  though  its  rhythm  is  constantly  diversified. 
Redundant  syllables  are  very  rare,  except  where,  as  in  Ixxxvii.,  they 
are  accumulated  with  evident  purpose.  The  trisyllabic  foot,  though 
used  with  wonderful  effect  sometimes,  is  used  very  sparingly.  On  the 
whole  Shakespeare  seems  here  to  have  had  for  his  object,  or  at  any 
rate  to  have  achieved  as  his  effect,  the  varying  of  the  line  with  as 
little  as  possible  breach  or  ruffling  of  it.  He  allows  himself  a  tlash 
or  blaze  of  summer  lightning  now  and  then,  but  no  fussing  with  con 
tinual  crackers.  All  the  prosodic  handling  is  subdued  to  give  that 
steady  passionate  musing  that  'emotion  recollected  in  tranquillity' — 
which  is  characteristic  of  the  best  sonnets,  and  of  his  more  than  almost 
of  any  others.  Of  mere  'sports,'  such  /is  the  octo-syllabic  cxlv.,  it  is 
hardly  necessary  to  speak.  P.  65. 

But,  luckily,  all  these  things  are  well  known,  and  our  not  too 
abundant  space  should  be  saved  for  others  that  are  not  quite  so.  Let 
it  suffice  to  say,  in  conclusion,  that,  blank  verse  or  song,  sonnet  or 
stanza,  Shakespeare  achieves  everything  that  he  touches ;  that  he  foots 
it  everywhere  with  perfect  featness;  and  that  he  always  does  foot 
it  His  harmonies  and  melodies  are  reducible  to  the  nicely  constructed 
and  regularly  equivalenced  group;  not  to  the  haphazard  and  blunder 
ing  accent  scheme.  They  are  independent  of  music,  though  quite  will 
ing  to  unite  with  it.  They  require  no  fantastic  laws  of  sound  to  ex 
plain  them.  The  poet  simply  puts  his  hand  into  the  exhaustless  lucky- 
bag  of  English  Words,  and  arranges  them — trochee  and  iamb  and  ana 
paest  regularly,  spondee  and  dactyl  and  even  tribrach  when  he  chooses 
— at  his  pleasure  and  for  ours. 


69 

SHAKESPEARE'S   PREDECESSORS. 

IN   THE 
ENGLISH   DRAMA"t 

By 
JOHN   ADDINGTON   SYMONDS, 

Author  of 

'Studies  of  Greek  Poets'  'Renaissance  In  Italy'   'Sketches  in  Italy 
and  Greece,'  etc. 

Marlowe  has  been  styled,  and  not  unjustly  styled,  the  father  of 
English  dramatic  poetry.  When  we  reflect  on  the  conditions  of  the 
stage  before  lie  produced  'Tamburlaine,'  and  consider  the  state  in 
which  he  left  it  after  the  appearance  of  'Edward  II.,'  we  shall  be  able 
to  estimate  his  true  right  to  this  title.  Art,  like  Nature,  does  not  move 
by  sudden  leaps  and  bounds.  It  required  a  slow  elaboration  of  divers 
elements,  the  formation  of  a  public  able  to  take  interest  in  dramatic 
exhibitions,  the  determination  of  the  national  taste  toward  the  ro 
mantic  rather  than  the  classic  type  of  art,  and  all  the  other  circum 
stances  which  have  been  dwelt  upon  in  the  preceding  studies,  to  ren 
der  Marlowe's  advent  as  decisive  as  it  proved.  Before  he  began  to  write, 
various  dramatic  species  had  been  essayed  with  more  or  less  success. 
Comedies  modelled  in  form  upon  the  types  of  Plautus  and  Terence; 
tragedies  conceived  in  the  spirit  of  Seneca ;  chronicles  rudely  arranged 
in  scenes  for  representation ;  dramatised  novels  and  tales  of  private 
life ;  Court  comedies  of  compliment  and  allegory ;  had  succeeded  to 
the  religious  Miracles  and  ethical  Moralities.  There  was  plenty  of 
productive  energy,  plenty  of  enthusiasm  and  activity.  Theatres  con 
tinued  to  spring  up,  and  acting  came  to  rank  among  the  recognised 
professions.  But  this  activity  was  still  chaotic.  None  could  say  where 
or  whether  the  germ  of  a  great  national  art  existed.  To  us,  students 
of  the  past,  it  is  indeed  clear  enough  in  what  direction  lay  the  real 
life  of  the  drama ;  but  this  was  not  apparent  to  contemporaries. 
Scholars  despised  the  shows  of  mingled  bloodshed  and  buffoonery  in 
which  the  populace  delighted.  The  people  had  no  taste  for  dry  and 
formal  disquisitions  in  the  style  of  'Gorboduc.'  The  blank  verse  of 
Sackville  and  Hughes  rang  hollow :  the  prose  of  Lyly  was  affected ; 
the  rhyming  couplets  of  the  popular  theatre  interfered  with  dialogue 
and  free  development  of  character.  The  public  itself  was  divided  in 
its  tastes  and  instincts ;  the  mob  inclining  to  mere  drolleries  and  merri 
ments  upon  the  stage,  the  better  vulgar  to  formalities  and  studied 
imitations.  A  powerful  body  of  sober  citizens,  by  no  means  wholly 
'  composed  of  Puritans  and  ascetics,  regarded  all  forms  of  dramatic  art 
with  undisguised  hostility.  Meanwhile,  no  really  great  poet  had  arisen 
to  stamp  the  tendencies  of  either  Court  or  town  with  the  authentic 
seal  of  genius.  There  seemed  a  danger  lest  the  fortunes  of  the  stage 
in  England  should  be  lost  between  the  prejudices  of  a  literary  class, 


t Pages  585,  et  seq. 


70 

the  puerile  and  lifeless  pastimes  of  the  multitude,  and  the  disfavour 
of  conservative  moralists.  From  this  peril  Marlowe  saved  the  Eng 
lish  drama.  Amid  the  chaos  of  conflicting  elements  he  discerned  the 
true  and  living  germ  of  art,  and  set  its  growth  beyond  all  risks  of 
accident  by  his  achievement. 

When,  therefore,  we  style  Marlowe  the  father  and  founder  of 
English  dramatic  poetry,  we  mean  that  he  perceived  the  capacities 
for  noble  art  inherent  in  the  Romantic  Drama,  and  proved  its  adapta 
tion  to  high  purpose  by  his  practice.  Out  of  confusion  he  brought 
order,  following  the  clue  of  his  own  genius  through  a  labyrinth  of 
dim  unmastered  possibilities.  Like  all  great  craftsmen,  he  worked  by 
selection  and  exclusion  on  the  whole  mass  of  material  ready  to  his 
hand;  and  his  instinct  in  this  double  process  is  the  proof  of  his 
originality.  He  adopted  the  romantic  drama  in  lieu  of  the  classic, 
the  popular  instead  of  the  literary  type.  But  he  saw  that  the  right 
formal  vehicle,  blank  verse,  had  been  suggested  by  the  school  which 
he  rejected.  Rhyme,  the  earlier  metre  of  the  romantic  drama,  had 
to  be  abandoned.  Blank  verse,  the  metre  of  the  pedants,  had  to  be 
accepted.  To  employ  blank  verse  in  the  romantic  drama  was  the  first 
step  in  his  revolution.  But  this  was  only  the  first  step.  Both  form 
and  matter  had  alike  to  be  transfigured.  And  it  was  precisely  in 
this  transfiguration  of  the  right  dramatic  metre,  in  this  transfiguration 
of  the  right  dramatic  stuff,  that  Marlowe  showed  himself  a  creative 
poet.  What  we  call  the  English,  or  the  Elizabethan,  or  better  per 
haps  the  Shakesperian  Drama,  came  into  existence  by  this  double 
process.  Marlowe  found  the  public  stage  abandoned  to  aimless 
trivialities,  but  abounding  in  the  rich  life  of  the  nation,  and  with  the 
sympathies  of  the  people  firmly  enlisted  on  the  side  of  its  romantic 
presentation.  He  introduced  a  new  class  of  heroic  subjects,  eminently 
fitted  for  dramatic  handling.  He  moulded  characters,  and  formed  a 
vigorous  conception  of  the  parts  they  had  to  play.  Under  his  touch 
the  dialogue  moved  with  spirit;  men  and  women  spoke  and  acted 
with  the  energy  and  spontaneity  of  nature.  He  found  the  blank  verse 
of  the  literary  school  monotonous,  tame,  nerveless,  without  life  or 
movement.  But  he  had  the  tact  to  understand  its  vast  capacities,  so 
vastly  wider  than  its  makers  had  divined,  so  immeasurably  more 
elastic  than  the  rhymes  for  which  he  substituted  its  sonorous  cadence. 
Marlowe,  first  of  Englishmen,  perceived  how  noble  was  the  instrument 
he  handled,  how  well  adapted  to  the  closest  reasoning,  the  sharpest 
epigram,  the  loftiest  flight  of  poetry,  the  subtlest  music,  and  the  most 
luxuriant  debauch  of  fancy.  Touched  by  his  hands  the  thing  became 
an  organ  capable  of  rolling  thunders  and  of  whispering  sighs,  of  mov 
ing  with  pompous  volubility  or  gliding  like  a  silvery  stream,  of  blow 
ing  trumpet-blasts  to  battle  or  sounding  the  soft  secrets  of  a  lover's 
heart  I  do  not  assert  that  Marlowe  made  it  discourse  music  of  so 
many  moods.  But  what  he  did  with  it,  unlocked  the  secrets  of  the 
verse,  and  taught  successors  how  to  play  upon  its  hundred  stops.  He 
found  it  what  Greene  calls  a  'drumming  decasyllabon.'  Each  line 


71 

stood  alone,  formed  after  the  same  model,  ending  with  a  strongly 
accented  monosyllable.  Marlowe  varied  the  pauses  in  its  rhythm ;  com 
bined  the  structure  of  succeeding  verses  into  periods;  altered  the  in 
cidence  of  accent  in  many  divers  forms  and  left  the  metre  fit  to  be 
the  vehicle  of  Shakspere's  or  Milton's  thought.  Compared  with 
either  of  those  greatest  poets,  Marlowe,  as  a  versifier,  lacks  indeed 
variety  of  cadence,  and  palls  our  sense  of  melody  by  emphatic  magnilo 
quence.  The  pomp  of  his  'mighty  line'  tends  to  monotony ;  nor  was 
he  quite  sure  in  his  employment  of  the  instrument  which  he  discovered 
and  divined.  The  finest  bursts  of  metrical  music  in  his  dramas  seem 
often  the  results  of  momentary  inspiration  rather  than  the  studied 
style  of  a  deliberate  artist. 

This  adaptation  of  blank  verse  to  the  romantic  drama,  this  blend 
ing  of  classic  form  with  popular  material,  and  the  specific  heightening 
of  both  form  and  matter  by  the  application  of  poetic  genius  to  the 
task,  constitutes  Marlowe's  claims  to  be  styled  the  father  and  the 
founder  of  our  stage.  We  are  so  accustomed  to  Shakspere  that  it 
is  not  easy  to  estimate  the  full  importance  of  his  predecessor's  revolu 
tion.  Once  again,  therefore,  let  us  try  to  bear  in  mind  the  three  card 
inal  points  of  Marlowe's  originality.  In  the  first  place,  he  saw  that 
the  romantic  drama,  the  drama  of  the  public  theatres,  had  a  great 
future  before  it.  In  the  second  place,  he  saw  that  the  playwrights  of 
the  classic  school  had  discovered  the  right  dramatic  metre.  In  the 
third  place,  he  raised  both  matter  and  metre,  the  subjects  of  the  ro 
mantic  and  the  verse  of  the  classic  school,  to  heights  as  yet  unappre- 
hended  in  his  days.  Into  both  he  breathed  the  breath  of  life;  heroic, 
poetic,  artistic,  vivid  with  the  spirit  of  Ms  age.  From  the  chaotic 
and  conflicting  elements  around  him  he  drew  forth  the  unity  of  Eng 
lish  Drama,  and  produced  the  thing  which  was  to  be  so  great,  is 
still  so  perfect. 

Marlowe  was  fully  aware  of  his  object.  The  few  and  seemingly 
negligent  lines  which  serve  as  prologue  to  'Tamburlaine,'  written  prob 
ably  when  he  was  a  youth  of  twenty-two,  set  forth  his  purpose  in 
plain  terms: 

From  jigging  veins  of  rhyming  mother-wits, 
And  such  conceits  as  clownage  keeps  in  pay, 
We'll  lead  you  to  the  stately  tent  of  war; 
Where  you  shall  hear  the  Scythian  Tamburlaine 
Threatening  the  world,  with  high  astounding  terms, 
And  scourging  kingdoms  with  his  conquering  sword. 

In  other  words,  Marlowe  undertakes  to  wean  the  public  from  its 
drolleries  and  merriments.  He  advertises  a  metre  hitherto  unused 
upon  the  popular  stage.  He  promises  an  entertainment  in  which  heroic 
actions  shall  be  displayed  with  the  pomp  of  a  new  style.  The 
puerilities  of  clownage  are  to  retire  into  the  second  place.  Yet  the 
essential  feature  of  the  romantic  drama,  its  power  to  fascinate  and 
please  a  public  audience,  is  not  to  be  abandoned. 


72 

The  Importance  of  Blank  Verse  in  the  history  of  English  poetry, 
especially  dramatic  poetry,  is  so  great  that  Marlowe's  innovations  in  the 
use  of  it  demand  a  somewhat  lengthy  introduction,  in  order  that  their 
scope  may  be  understood. 

The  single  line,  or  unit,  in  a  blank  verse  period  is  a  line  of  nor 
mally  five  accents,  of  which  the  final  accent  falls  on  the  last  syllable, 
or,  if  that  syllable  be  not  definitely  accented,  is  supplied  by  the  closing 
pause.  It  consists  frequently,  but  by  no  means  invariably,  of  ten 
syllables.  It  has  usually,  but  not  inevitably,  a  more  or  less  discern- 
able  pause,  falling  after  the  fourth  or  the  sixth  syllable.  Out  of 
these  determinations,  it  is  possible  to  make  or  to  select  a  typical  line — 
the  normal  line  of  English  heroic  rhythm.  And  for  this  purpose  we 
can  do  no  better  than  choose  the  one  indicated  by  Johnson  from 
Milton : 

Love  lights  his  lamp,  and  waves  his  purple  wing. 

Here  it  will  be  noticed  we  get  five  accents  regularly  falling  on  the 
second  syllable  of  each  foot,  and  a  pause  marked  at  the  end  of  the 
fourth  syllable.  Such  a  line  may  be  termed  the  ideal  line  of  English 
heroic  prosody ;  and  it  is  our  business  to  keep  its  scheme  somewhere, 
in  however  shadowy  a  shape,  present  to  our  mind,  in  order  to  appre 
ciate  and  judge  the  almost  innumerable  declensions  from  the  type 
which  constitute  the  variety  and  beauty  of  tue  metre  in  the  handling 
of  great  masters. 

This  line,  which  has  become  the  standard  metre  of  serious  English 
poetry  in  epic,  story,  idyll,  satire,  drama,  elegy,  and  meditative  lyric, 
had  been  used  from  early  times  anterior  to  its  application  to  blank 
verse.  Chaucer  and  his  followers  employed  it  in  the  couplet  and  rime 
royal;  Surrey,  Wyatt,  and  Sidney  in  the  sonnet;  Spencer  in  the  stanzas 
of  the  'Faery  Queen.'  But  in  the  hands  of  these  masters,  and  applied 
to  these  purposes,  the  verse  wras  still  subservient  to  rhyme.  Surrey, 
in  his  translation  of  the  'Aeneid,'  was  the  first  poet  who  attempted 
to  free  the  measure  from  this  servitude.  It  is  supposed  that,  in  mak 
ing  his  experiment,  he  followed  Italian  models.  The  Italian  heroic 
verse,  a  line  of  five  accents,  but  commonly  of  eleven  syllables,  and 
not  distinguished  by  a  normal  pause,  had  undergone  a  similar  tran 
sition  from  rhymed  to  unrhymed  usage.  Employed  at  first  in  the  terza 
rima  of  Dante,  the  ottava  rima  of  Boccaccio,  the  sonnet  of  Petrarch, 
it  had  been  emancipated  from  rhyme  by  Trissino,  Rucellai,  and 
Alamanni,  writers  of  tragic,  epic,  and  didactic  poems.  Among  the 
Italians  the  transformed  measure  acquired  the  name  of  versi  sciolti, 
or  verse  freed  from  rhyme. 

Surrey  is  presumed  to  have  imitated  the  example  of  these  poets 
when  he  attempted  what  we  call  Blank  Verse — verse,  that  is,  where  the 
rhymes  are  blank  or  vacant. 

At  the  same  time  we  may  profitably  bear  in  mind  that  the  dram 
atic  poets  with  whose  work  we  have  to  deal,  deliberately  sought  to 
adapt  their  versification  to  Greek,  Latin,  and  Italian  rules  of  prosody, 


73 

as  these  had  then  been  imperfectly  analysed.  On  the  Old  English  stock 
they  grafted  slips  of  artful  growth  imported  from  their  classic  and 
Italian  studies.  The  developed  blank  verse  of  the  Elizabethan  age  is, 
therefore,  a  hybrid  between  a  native  rhythm  and  an  antique  metre. 
Unless  we  grasp  this  fact  we  shall  miss  some  of  the  specific  beauties 
of  a  measure  which,  without  ceasing  to  be  native  and  accentual,  adopted 
qualities  of  rhetoric  and  movement  from  the  Attic  stage,  the  Latin 
epic,  and  the  Italian  imitators  of  the  classic  style. 

Since  blank  verse  is  an  accentual  rhythm,  it  lends  itself  with 
great  effect  to  emphasis — for  emphasis  is  only  enforced  accent.  The 
facility  with  which  it  can  be  written,  the  monotony  to  which  it  is 
peculiarly  liable  in  the  hands  of  a  weak  versifier,  justify,  nay,  almost 
necessitate,  daring  variations  in  its  structure;  and  these  variations 
assist  rhetorical  effects.  In  the  absence  of  rhyme  one  line  can  be 
linked  to  another  without  injury,  and  periods  may  be  formed,  like 
those  of  prose,  in  which  phrase  balances  phrase,  and  the  music  of 
language  is  drawn  through  sequences  of  mutually  helpful  verses.  The 
pause  and  stop,  which  are  important  elements  in  English  prosody,  add 
another  element  of  variety,  by  allowing  each  line  to  be  broken  in 
more  than  one  place,  and  enabling  a  skilful  craftsman  to  open  and 
close  periods  of  rhythmic  melody  at  several  points  in  the  structure. 
Reviewing  these  qualities  of  English  blank  verse,  we  shall  perceive 
that  it  is  an  eminently  dramatic  metre.  Its  facility  and  rapid  move 
ment  bring  it  into  close  relation  to  the  speech  of  common  life,  and 
impose  no  shackling  limitations  upon  dialogue.  At  the  same  time  the 
fixed  element  of  rhythm  raises  it  above  colloquial  language,  and  ren 
ders  even  abrupt  transitions  from  the  pedestrian  to  the  impassioned 
style  of  poetry  both  natural  and  easy.  The  emphasis  on  which  it 
mainly  relies  for  variety  of  music,  gives  scope  to  rhetoric.  By  shift 
ing  the  incidence  of  accent,  a  playwright  not  only  animates  his  verse 
and  produces  agreeable  changes  in  the  rhythm ;  but  he  also  marks  the 
meaning  of  his  words,  and  yields  opportunities  for  subtly  modulated 
declamation  to  the  actor.  The  same  end  is  gained  by  altering  the 
pauses,  on  which  a  very  wide  scale  of  oratorical  effects  can  be  touched. 
When  Johnson  complained  that  Milton's  method  of  versification 
'changes  the  measures  of  a  poet  to  the  periods  of  a  declaimer,'  he  laid 
his  finger  on  that  quality  of  blank  verse  which  is  certainly  a  gain 
to  the  Drama,  whatever  may  be  thought  about  its  value  for  the  epic. 
The  true  and  only  way  of  appreciating  the  melody  of  good  blank  verse 
is  to  declaim  it,  observing  how  the  changes  in  the  rhythm  obey  the 
poet's  meaning,  and  enforce  the  rhetoric  he  had  in  view.  Blank  verse 
is,  in  fact,  the  nearest  of  all  poetical  measures  to  prose;  yet  it  does 
not  sacrifice  the  specific  note  of  verse,  which  is  the  maintenance  of 
one  selected  rhythm,  satisfying  the  ear  by  repetition,  and  charming 
it  by  variety  within  the  compass  of  its  formal  limitations. 

Marlowe,  with  the  instinct  of  genius,  observed  these  advantages 
of  the  unrhynied  heroic  measure,  and  with  the  faculty  of  a  great 
artist  he  solved  the  problem  of  rendering  it  the  supreme  instrument 


74 

of  tragic  poetry.  Instead  of  the  improver  he  may  almost  be  called 
the  creator  of  blank  verse;  for  the  mere  omission  of  rhyme  in  the 
metre  of  his  predecessors  did  not  suffice  to  constitute  what  we  now  un 
derstand  by  blank  verse.  He  found  the  heroic  line  monotonous,  mono 
syllabic,  divided  into  five  feet  of  tolerably  regular  alternate  shorts  and 
longs.  He  left  it  various  in  form  and  structure,  sometimes  redundant  by 
a  syllable,  sometimes  deficient,  and  animated  by  unexpected  emphases 
and  changes  in  the  pause.  He  found  It  a  clumsy  and  mistaken  imita 
tion  of  the  classical  iambic;  he  restored  it  to  its  birthright  as  a 
native  English  rhythm.  He  found  no  sequence  of  concatenated  lines 
or  attempt  at  periods — one  verse  followed  another  in  isolation,  and 
all  were  made  after  the  same  insipid  model.  He  grouped  his  lines 
according  to  the  sense,  allowing  the  thought  contained  in  his  words 
to  dominate  their  form,  and  carrying  the  melody  through  several  verses 
linked  together  by  rhetorical  modulations.  His  metre  did  not  pre 
serve  one  unalterable  type,  but  assumed  diversity  of  cadences,  the 
beauty  of  which  depended  on  their  adaptation  to  the  current  of  his 
ideas.  By  these  means  he  produced  the  double  effect  of  unity  and 
contrast ;  maintained  the  fixed  march  of  his  chosen  rhythm ;  and  yet, 
by  alteration  in  the  pauses,  speed,  and  grouping  of  the  syllables,  by 
changes  in  emphasis  and  accent,  he  made  one  measure  represent  a 
thousand.  His  blank  verse  might  be  compared  to  music,  which  de 
mands  regular  rhythm,  but,  by  the  employment  of  phrase,  induces  a 
higher  kind  of  melody  to  rise  above  the  common  and  despotic  beat 
of  time. 

Bad  writers  of  blank  verse,  like  Marlowe's  predecessors, 
or  like  those  who  in  all  periods  have  been  deficient  in  plastic 
energy  and  power  of  harmonious  adaptation,  sacrifice  the  poetry 
of  expression,  the  force  of  rhetoric,  to  the  mechanism  of 
their  art.  Metre  with  them  becomes  a  mere  framework,  ceases 
to  be  the  organic  body  of  a  vivifying  thought.  And  bad 
critics  praise  them  for  the  very  faults  of  tameness  and  monotony, 
which  they  miscall  regularity  of  numbers.  These  faults,  annoying 
enough  to  a  good  ear  in  stanzas  and  rhymed  couplets,  are  absolutely 
insufferable  in  blank  verse,  which  relies  for  melodious  effect  upon 
its  elasticity  and  pliability  of  cadence,  and  which  is  only  saved  from 
insipidity  by  licenses  interpretative  of  the  poet's  sense  and  demanded 
by  his  rhetoric. 

The  creation  of  our  tragic  metre  was  not  Marlowe's  only  benefit 
conferred  upon  the  stage.  This  was  indeed  but  the  form  correspond 
ing  to  the  new  dramatic  method  which  he  also  introduced.  He  first 
taught  the  art  of  designing  tragedies  on  a  grand  scale,  displaying  unity 
of  action,  unity  of  character,  and  unity  of  interest.  Before  his  day 
plays  had  been  pageants  or  versified  tales,  arranged  in  scenes,  and  en 
livened  with  'such  conceits  as  clownage  keeps  In  pay.'  He  first  pro 
duced  dramas  worthy  of  that  august  title.  Before  his  day  it  might 
have  been  reckoned  doubtful  whether  the  rules  and  precedents  of 
the  Latin  theatre  would  not  determine  the  style  of  tragic  composition 


75 

in  England  as  in  Italy.  After  the  appearance  of  "Tamburlaine,'  it 
was  impossible  for  a  dramatist  to  attract  the  public  by  any  play  which 
had  not  in  it  some  portion  of  the  spirit  and  the  pith  of  that  decisive 
work.  *  *  * 

It  was  the  central  fire  of  Marlowe's  genius  which  hardened  that 
dull  and  shapeless  matrix  of  English  dramatic  poetry,  and  rendered 
it  capable  of  crystallising  flawless  and  light-darting  gems.  When  we 
remember  that  Marlowe,  born  in  the  same  year  as  Shakspere,  died 
at  the  early  age  of  twenty-nine,  while  Shakspere's  genius  was  still, 
so  far  as  the  public  was  concerned,  almost  a  potentiality ;  when  we 
reflect  upon  the  life  which  Marlowe  had  to  lead  among  companions  of 
debauch  in  London,  and  further  estimate  the  degradation  of  the  art 
he  raised  so  high,  we  are  forced  to  place  him  among  the  most  original 
creative  poets  of  the  world.  His  actual  achievement  may  be  judgecj 
imperfect,  unequal,  immature,  and  limited.  Yet  nothing  lower  than 
the  highest  rank  can  be  claimed  for  one  who  did  so  much,  in  a  space 
of  time  so  short,  and  under  conditions  so  unfavourable.  What  Shaks 
pere  would  have  been  without  Marlowe,  how  his  far  more  puissant 
hand  and  wonder-working  brain  would  have  moulded  English  Drama 
without  Marlowe,  cannot  even  be  surmised.  What  alone  is  obvious 
to  every  student  is  that  Shakspere  deigned  from  the  first  to  tread  in 
Marlowe's  footsteps,  that  Shakspere  at  the  last  completed  and  de 
veloped  to  the  utmost  that  national  embryo  of  art  which  Marlowe 
drew  forth  from  the  womb  of  darkness,  anarchy,  and  incoherence.  *  *  * 
And  yet,  such  is  the  nature  of  Marlowe's  work,  that  it  impera 
tively  indicates  a  leading  motive,  irresistibly  suggests  a  catch-word. 
This  leading  motive  which  pervades  his  poetry  may  be  defined  as 
L' Amour  de  1'Impossible — the  love  or  lust  of  unattainable  things ;  be 
yond  the  reach  of  physical  force,  of  sensual  faculty,  of  mastering  will ; 
but  not  beyond  the  scope  of  man's  inordinate  desire,  man's  infinite  ca 
pacity  for  happiness,  man's  ever-craving  thirst  for  beauty,  power,  and" 
knowledge.  *  *  * 

Let  us  fix  the  nature  of  this  leading  motive  by  some  salient  pass 
ages  from  Marlowe's  dramas.  I  take  the  rudest  and  the  crudest  first. 
In  the  'Massacre  at  Paris'  the  Duke  of  Guise  should  not  properly 
have  been  displayed  as  more  than  what  world-history  reveals  to  us — 
a  formidable  rival  of  the  House  of  Valois  on  the  throne,  a  bloody 
and  unscrupulous  foe  of  the  Huguenot  faction.  But  the  spirit  of  Mar 
lowe  entering  into  the  unwieldly  carcass  he  has  framed  for  this  great 
schemer,  breathes  these  words: 

Oft  have  I  levelled,  and  at  last  have  learned 

That  peril  is  the  chiefest  way  to  happiness 

And   resolution    honour's   fairest   aim. 

What  glory  is  there  in  a  common  good, 

That  hangs  for  every  peasant  to  achieve? 

That  like  I  best,  that  flies  beyond  my  reach. 

The  central  passion  which  inspires  Marlowe  and  all  the  characters 
of  Marlowe's  coinage  finds  utterance  here.  The  Guise  seeks  happiness 


76 

through  peril ;  finds  honour  only  in  a  fierce  resolve ;  flings  common 
felicity  to  the  winds;  strains  at  the  flying  object  of  desire  beyond  his 
grasp.  Then  he  turns  to  the  definite  point  of  his  ambition : 

Set  me  to  scale  the  high  pyramides, 
And  thereon  set  the  diadem  of  France; 
I'll  either  rend  it  with  my  nails  to  nought, 
Or  mount  the  top  with  my  aspiring  wings, 
Although  my  downfall  be  the  deepest  hell.  *  *  * 

This,  as  I  have  said,  is  the  barest,  nakedest  exhibition  of  Mar 
lowe's  leading  motive.  He  framed  one  character  in  which  the  desire 
of  absolute  power  is  paramount;  this  is  Tamburlaine.  When  the  shep 
herd-hero  is  confronted  with  the  vanquished  king  of  Persia,  he  pours 
himself  forth  in  a  monologue  which  voices  Marlowe  through  the  pup 
pet's  lips : 

The  thirst  of  reign  and  sweetness  of  a  crown, 
That  caused  the  eldest   son  of  heavenly  Ops 
To  thrust  his  doting  father  from  his  chair. 
And  place  himself  in  the  empyreal   heaven, 
Mov'd  me  to  manage  arms  against  thy  state, 
What  better  precedent  than  mighty  Jove? 
Nature,  that  frarn'd  us  of  four  elements 
Warring   within   our   breasts   for   regiment, 
Doth  teach  us  all  to  have  aspiring  minds; 
Our  souls,  whose  faculties  can  comprehend 
The  wondrous  architecture  of  the  world, 
And  measure  every  wandering  planet's  course, 
Still  climbing  after  knowledge  infinite, 
And  always  moving  as  the  restless  spheres. 
Will  us  to  wear  ourselves,  and  never  rest, 
Until  we  reach  the  ripest  fruit  of  all, 
That  perfect   bliss  and   sole  felicity, 
The  sweet  fruition  of  an  earthly  crown. 

It  is  Nature  herself,  says  Tamburlaine,  who  placed  a  warfare  of  the 
elements  within  the  frame  of  man ;  she  spurs  him  onward  by  an  in 
born  need  toward  empire.  It  is  our  souls,  uncircumscribed  by  cosmic 
circumstances,  free  to  weigh  planets  in  their  courses  and  embrace  the 
universe  with  thought,  that  compel  men  to  stake  their  all  on  the 
most  perilous  of  fortune's  hazards.  In  this  speech  the  poet,  who 
framed  Tamburlaine,  identifies  himself  with  his  creation,  forgets  the 
person  he  has  made,  and  utters  through  his  mouth  the  poetry  of  his 
desire  for  the  illimitable. 

There  was  a  side-blow  aimed  at  knowledge  in  this  diatribe  of 
Tamburlaine  on  power.  See  how  Faustus  answers,  abyss  calling  to 
abyss  from  the  same  abysmal  depth  of  the  creator's  mind : 


77 

Divinity,  adieu! 

These  metaphysics  of  magicians, 
And  necromantic   books   are   heavenly 
Lines,  circles,   scenes,  letters,   and  characters 
Ay,  these  are  those  that  Faustus  most  desires. 
O !  what  a  world  of  profit  and  delight, 
Of  power,  of   honour,  and  omnipotence, 
Is  promised  to  the  studious  artisan ! 
All  things  that  move  between  the  quiet  poles 
Shall  be  at  my  command :  emperors   and  kings 
Are  but  obeyed  in  their  several  provinces ; 
But  his  dominion  that  succeeds  in  this, 
Stretcheth  as  far  as  doth  the  mind  of  man ; 
A   sound  magician   is   a  demigod : 
Here  tire  my  brains,   to  gain  a  deity. 

On  the  ordinary  paths  of  learning,  logic,  philosophy,  physic,  law,  di 
vinity,  Faustus  finds  himself  cramped,  tied  to  dry  rules,  confined 
within  the  circle  of  diurnal  occupations.  These  things  may  be  done 
for  services  of  man's  common  needs;  but  there  lies  or  he  divines  there 
lies — beyond  the  reach  of  all  such  vulgar  and  trivial  ways,  a  far 
more  hazardous  path,  a  path  which  by  assiduous  study  and  emperil- 
ment  of  self  shall  lead  to  empires.  *  *  * 

Descending  from  the  high  imaginative  region  in  which  Faustus 
moves,  travelling  back  from  the  dim  realms  of  Ind,  where  Tambur- 
laine  defies  the  Fates,  reaching  England  under  the  reign  of  our  second 
Edward,  we  find  the  same  chord  touched  in  Marlowe's  Mortimer. 
Upon  the  point  of  death,  checkmated  and  flung  like  the  Guise  'to 
deepest  hell,'  he  still  maintains  the  old  indomitable  note,  the  key 
note  of  the  leading  motive: 

Base  Fortune,  now  I  see  that  in  thy  wheel 
There  is  a  point,  to  which  when  men  aspire 
They  tumble  headlong  down :  that  point  I  touch'd, 
And,  seeing  there  was  no  place  to  mount  up  higher, 
Why  should  I  grieve  at  my  declining  fall? — 
Farewell,  fair  queen :  weep  not  for  Mortimer, 
That  scorns  the  world,  and,  as  a  traveler, 
Goes  to  discover  countries  yet  unknown. 

I  have  pursued  the  leading  motive,  applied  the  catch-word,  through 
many  examples  bearing  on  the  theme  of  power.  It  remains  to  select  one 
passage  in  which  the  same  lust  for  the  impossible  shall  be  exhibited 
when  Marlowe  turns  his  thought  to  beauty.  Xenocrate,  the  love  of 
Tamburlaine.  is  absent  and  unhappy.  The  Tartar  chief  is  left  alone  to 
vent  his  passion  in  soliloquy.  At  first  he  dwells  upon  the  causes  of  her 
sorrow,  with  such  'lyrical  interbreathings'  as  this,  evoked  from  the  recol 
lection  of  her — 


78 

Shining  face, 

Where  Beauty,  mother  to  the  muses,  sits 
And  comments  volumes  with  her  ivory  pen. 

Gradually  he  passes  into  that  vein  of  meditation,  which  allows  the  poet's 
inspiration  to  transpire.  Then  Marlowe  speaks,  and  shows  in  memo 
rable  lines  that  beauty  has,  no  less  than  power,  her  own  impossible,  for 
which  he  thirsted : 

What  is  beauty,  sayeth  my  sufferings,  then? 

If  all  the  pens  that  ever  poets  held 

Had  fed  the  feeling  of  their  master's  thoughts. 

And  every  sweetness  that  inspired  their  hearts, 

Their  minds  and  muses  on  admired  themes ; 

If  all  the  heavenly  quintessence  they  still 

From  their  immortal  flowers  of  poesy, 

Wherein,  as  in  a  mirror,  we  perceive 

The  highest  reaches  of  a  human  wit ; 

If  these  had  made  one  poem's  period, 

And  all  combined  in  beauty's  worthiness, 

Yet  should  there  hover  in  their  restless  heads 

One  thought,  one  grace,  one  wonder,  at  the  last, 

Which  into  words  no  virtue  can  digest. 

The  impossible  beauty,  on  which  Tamburlaine  here  meditates,  is  beauty 
eluding  the  poet  and  the  artist  in  their  highest  flight;  that  apple  top 
most  on  the  topmost  bough,  which  the  gatherers  have  not  overlooked, 
but  leave  perforce,  because  they  strove  in  vain  to  reach  it  It  is  always 
this  beauty,  inflaming  the  artist's  rather  than  the  lover's  soul,  which 
Marlowe  celebrates.  He  has  written  no  drama  of  love ;  and  even  In 
'Hero  and  Leander,'  that  divinest  dithyramb  in  praise  of  sensual  beauty, 
the  poet  moves  in  a  hyperuranian  region,  from  which  he  contemplates 
with  eyes  of  equal  adoration  all  the  species  of  terrestrial  loveliness. 
The  tender  emotions  and  the  sentiment  of  love  were  alien  to  Marlowe's 
temper.  It  may  even  be  doubted  whether  sexual  pleasures  had  any  very 
powerful  attraction  for  his  nature.  To  such,  we  think,  he  gave  his 
cruder,  poetry-exhausted  moments.  When  he  evoked  the  thought  of 
women  to  tempt  Doctor  Faustus,  he  touched  this  bass-chord  of  carnal 
desire  with  the  hand  of  a  poet-painter  rather  than  a  sensualist : 

Sometimes  like  women,  or  unwedded  maids, 
Shadowing  more  beauty  in  their  airy  brows 
Than  have  the  white  breasts  of  the  queen  of  love. 

Yet  it  was  in  no  Platonic  mood  that  he  set  those  mighty  sails  of  bis 
imagination  to  the  breeze  upon  the  sea  of  Beauty.  That  thirst  for  the 
impossible,  when  once  applied  to  things  of  sense  and  loveliness,  is  a 
lust  and  longing  after  the  abstraction  of  all  beauties,  the  self  of  sense, 
the  quintessence  of  pleasures.  This  is,  of  course,  the  meaning  of  Fans- 


79 

tus'  address  to  Helen,  summoned  from  the  ghosts  as  the  last  tangible 
reality  of  beauty,  to  give  comfort  to  his  conscience-laden  soul : 

Was  this  the  face  that  launched  a  thousand  ships, 

And  burnt  the  topless  towers  of  Ilium? — 

Sweet  Helen,  make  me  immortal  with  a  kiss. —  (  Kisses  her) 

Her  lips  suck  forth  my  soul :  see  where  it  flies ! — 

Come,  Helen,  come,  give  me  my  soul  again. 

Here  will  I  dwell,  for  heaven  is  in  these  lips, 

And  all  is  dross  that  is  not  Helena. 

O,  thou  art  fairer  than  the  evening  air, 
Clad  in  the  beauty  of  a  thousand  stars; 
Brighter  art  thou  than  flaming  Jupiter 
When  he  appeared  to  hapless  Semele ; 
More  lovely  than  the  monarch  of  the  sky 
In  wanton  Arethusa's  azur'd  arms; 
And  none  but  thou  shalt  be  my  paramour ! 

The  same  triumphant  sense  of  having  conquered  the  unconquerable,  and 
enjoyed  the  final  gust  of  pleasure  in  things  deemed  impossible  for  men, 
emerges  in  another  speech  of  Faustus : 

Have  I  not  made  blind  Homer  sing  to  me 

Of  Alexander's  love  and  Oenon's  death? 

And  hath  not  he,  that  built  the  walls  of  Thebes 

With  ravishing  sound  of  his  melodious  harp, 

Made  music  with  my  Mephistophilis? 

When  Xenocrate  is  dying  Tamburlaine  pours  forth  a  monody,  which, 
however  misplaced  on  his  lips,  gives  Marlowe  scope  to  sing  the  nuptial 
hymn  of  beauty  unapproachable,  withdrawn  from  'loathsome  earth,'  re 
turning  to  her  native  station  in  the  heavens.  There,  and  there  only, 
says  the  poet,  shall  the  spirit  mate  with  loveliness  and  be  at  peace  in 
her  embrace : 

Now  walk  the  angels  on  the  walls  of  heaven, 

As  sentinels  to  warn  the  immortal  souls 

To  entertain  the  divine  Xenocrate  *  *  * 

The  cherubins  and  holy  seraphins, 

That  sing  and  play  before  the  King  of  kings, 

Use  all  their  voices  and  their  instruments 

To  entertain  divine  Xenocrate; 

And  in  this  sweet  and  curious  harmony, 

The  god  that  tunes  this  music  to  our  souls 

Holds  out  his  hand  in  highest  majesty 

To  entertain  divine  Xenocrate. 

Then  let  some  holy  trance  convey  my  thoughts 

Up  to  the  palace  of  the  empyreal  heaven, 

That  this  my  life  may  be  as  short  to  me 

As  are  the  days  of  sweet  Xenocrate. 


80 

In  this  rapturous  and  spiritual  marriage-song,  which  celebrates  the 
assumption  or  apotheosis  of  pure  beauty,  the  master  bends  his  mighty 
line  to  uses  of  lyric  poetry,  as  though  a  theme  so  far  above  the  reach 
of  words  demanded  singing  *  *  * 

In  dealing  with  Marlowe,  it  is  Impossible  to  separate  the  poet  from 
the  dramatist,  the  man  from  bis  creations.  His  personality  does  not 
retire,  like  Shakspere's,  behind  the  work  of  art  into  impenetrable  mys 
tery.  Rather,  like  Byron,  but  with  a  truer  faculty  for  dramatic  pre 
sentation  than  Byron  possessed,  he  inspires  the  principal  characters  of 
his  tragedies  with  the  ardour,  the  ambition,  the  audacity  of  his  own 
restless  genius.  Tamburlaine,  who  defies  heaven,  and  harnesses  kings 
arid  princes  of  the  East  to  his  chariot,  who  ascends  his  throne  upon 
the  necks  of  prostrate  emperors,  and  burns  a  city  for  his  consort's  fune 
ral  pyre,  embodies  the  insolence  of  his  creator's  spirit.  At  the  same 
time,  in  this  haughty  and  aspiring  shepherd  the  historic  Tartar  chief 
is  firmly  rendered  visible.  Through  Tamburlaine's  wild  will  and  imper 
turbable  reliance  upon  destiny,  the  brute  instincts  of  savage  tribes 
yearning  after  change,  pursuing  conquest  and  spreading  desolation  with 
the  irresistible  impulse  of  a  herd  of  bisons  marching  to  their  fields  of 
salt,  emerge  into  self -consciousness.  Marlowe  has  traced  thev  portrait 
with  a  bold  hand,  filling  its  details  in  with  broad  and  liberal  touches: 

Of  stature  tall,  and  straightly  fashioned, 

Like  his  desires,  lift  upward  and  divine ; 

So  large  of  limbs,  his  joints  so  strongly  knit, 

Such  breadth  of  shoulders  as  might  mainly  bear 

Old  Atlas's  burden  *  *  * 

Pale  of  complexion,  wrought  in  him  with  passion, 

Thirsting  with  sovereignty  and  love  of  arms; 

His  lofty  brows  in  folds  do  figure  death, 

And  in  their  smoothness  amity  and  life ; 

About  them  hangs  a  knot  of  amber  hair,  , 

Wrapped  in  curls,  as  fierce  Achilles'  was, 

On  which  the  breath  of  heaven  delights  to  play, 

Making  it  dance  in  wanton  majesty ; 

His  arms  and  fingers,  long  and  sinewy, 

Betokening  valour  and  excess  of  strength; 

In  every  part  proportioned  like  the  man 

Should  make  the  world  subdued  to  Tamburlaine. 

This  is  the  picture  drawn  of  him  at  the  beginning  of  his  fortunes  by 
a  generous  enemy.  There  is  a  magnetism  in  the  presence  of  the  man. 
A  Persian  captain,  commissioned  to  overawe  and  trample  down  his 
pride,  no  sooner  sees  Tamburlaine  than  he  falls  a  victim  to  his  influence: 

His  looks  do  menace  heaven  and  dare  the  gods ; 

His  fiery  eyes  are  fixed  upon  the  earth, 

As  if  he  now  designed  some  stratagem, 

Or  meant  to  pierce  Avernus'  darksome  vaults, 

To  pull  the  triple-headed  dog  from  hell. 


81 

Tamburlaine,  on  his  side,  favoursi  the  manly  bearing  of  his  foe,  and 
bids  him  welcome  with  such  words  as  bind  the  captain  to  his  cause : 

Forsake  thy  king,  and  do  but  join  with  me, 
And  we  will  triumph  over  all  the  world. 
I  hold  the  fates  bound  fast  in  iron  chains, 
And  with  my  hand  turn  Fortune's  wheel  about. 

Such  confidence  is  contagious,  imposing,  as  Napoleon's  belief  in  his  star 
imposed,  and  working  out  its  own  accomplishment.  His  most  powerful 
opponents  recognise  the  spell,  and  are  cowed  by  it : 

Some  powers  divine,  or  else  infernal,  mixed 
Their  angry  seeds  at  his  conception; 
For  he  was  never  sprung  of  human  race, 
Since  with  the  spirit  of  his  fearful  pride 
He  dares  so  doubtlessly  resolve  of  rule, 
And  by  profession  be  ambitious. 


ALI  BABA 

AND 

THE  FORTY  THIEVES 


A   ROMANCE   IN   HIGH    LIFE   IN   NEW   YORK   SHOWING   HOW 
THE  VENDETTA  IS  OPERATED  ON  FIFTH  AVENUE.. 


The  Society  of  the  New  York  Hospital, 

White  Plains, 

New  York, 
July  3d,  1897. 
Hon.  Micajah  Woods,  t 

Commonwealth's  Attorney, 

Charlottesville, 

Virginia. 

My  Dear  Captain:  You  will  possibly  be  surprised  to  hear  that  I 
am  not  abroad,  as  is  generally  thought;  but  am  confined  without  due 
process  of  law,  in  a  New  York  private  Insane  Asylum,  whither  I  was 
brought  by  force  against  my  expressed  will;  having  been  arrested  by 
two  officers  in  plain  clothes  on  an  order  from  a  Judge  of  the  Supreme 
Court  of  the  State  of  New  York. 

You  will  pardon  the  length  of  this  letter  when  I  say  that  I  wish 
to  employ  you  as  assistant  counsel  in  co-operation  with  Senator  John 
W.  Daniel.t  as  leading  counsel,  in  a  habeas  corpus  proceedings  which 
I  wish  instituted  without  delay. 

I  enclose  a  certified  copy  of  my  Commitment  Papers,  which  I  sug 
gest  that  you  defer  reading  until  you  have  finished  this  letter,  as  they 
are  a  tissue  of  perjuries  from  beginning  to  end,  and  this  letter  will 
point  out  and  prove  the  said  perjuries  in  their  order. 

Before  going  into  the  Commitment  Papers  I  shall  give  you  a  short 
account  of  what  led  to  my  present  predicament. 

I  have  been  on  unfriendly  terms  with  my  family — my  brothers 
and  sisters — for  a  long  time. 

It  is  not  necessary  to  go  into  the  causes  which  led  to  this  state 
of  affairs,  except  to  say  that  they  are  partly  business  and  partly  tem 
peramental.  The  line  of  demarcation  began  nine  years  ago  and  has 
gradually  extended  ever  since.  The  climax  of  unpleasantness  was 


tSince  deceased. 


83 

reached  last  October.  My  youngest  sister  was  then  married,  and  I  was 
to  have  "given  her  away."  Ill  health  prevented  my  presence  at  the 
wedding.  I  had  been  confined  to  my  bed  in  my  home,  "The  Merry 
Mills,"  Cobham,  Albemarle  County,  Virginia,  for  several  days  before 
its  date,  and  was  in  bed  at  the  time.  The  wedding  took  place  at  my 
sister's  home  on  the  Hudson  River.  I  sent  a  note  by  a  special  mes 
senger,  explaining  my  inability  to  be  present,  and  also  bearing  a  hand 
some  present  from  myself  to  the  bride. 

The  messenger  arrived  at  my  sister's  home  the  day  before  the 
wedding.  As  there  were  four  other  brothers  of  the  bride  present  at 
the  wedding,  I  felt  that  my  absence  would  throw  no  difficulty  in  the 
way  of  "giving  her  away." 

It  seems  that  my  absence  from  that  wedding  was  one  of  the  main 
causes  of  my  present  incarceration  in  a  madhouse. 

About  a  month  later  one  of  my  sisters — with  whom  I  was  on  better 
terms  than  with  my  other  brothers  and  sisters — while  lunching  with 
me  during  one  of  my  business  trips  to  New  York,  said  touching  my 
absence  from  the  wedding,  that  the  family,  including  my  brothers  and 
sisters,  were  not  put  out  at  my  absence  from  the  wedding — they  simply 
considered  me  crazy. 

I  did  not  pay  much  attention  to  this — thinking  it  a  species  of  joke, 
to  which  I  had  grown  accustomed  from  years  of  hearing.  For  when 
ever,  in  the  course  of  an  argument  with  any  of  my  brothers  or  sisters 
I  said  anything  whicL  they  found  difficult  to  combat,  their  usual  reply 
was,  "You're  crazy." 

You  must  excuse  my  touching  upon  such  a  seemingly  unimportant 
matter,  but  in  crime  nothing  is  unimportant,  and  you  will  see  before 
finishing  this  letter  that  a  crime  has  been  committed  against  the  lib 
erty  and  the  reason  of  a  citizen  of  the  sovereign  State  of  Virginia — 
myself. 

The  next  complication  of  the  already  severely  strained  relations 
between  '  the  family"  and  myself  occurred  in  December  last.  I  was 
still  detained  in  New  York  on  the  business  trip  before  alluded  to.  At 
a  Directors'  Meeting  of  the  Roanoke  Rapids  Power  Co.,  of  Roanoke 
Rapids,  North  Carolina,  held  in  New  York  last  December,  a  most  vio 
lent  altercation  arose  between  my  brother,  Mr.  Winthrop  Astor  Chan- 
ler  and  myself.  The  upshot  of  it  was  that  he  wrote  me  a  letter  next 
day  refusing  to  speak  to  me  or  to  have  any  further  communication 
with  me  except  in  writing  or  through  third  parties.  As  this  brother 
had  struck  me  some  years  ago,  and  had  quarrelled  violently  with  me 
frequently  since,  the  above  communication  did  not  surprise  me.  Mr. 
Winthrop  Astor  Chanler  is  one  year  my  junior,  and  was  director  with 
me  in  the  Roanoke  Rapids  Power  Company. 

I  accepted  his  proposition  and  sent  a  representative  next  day  to 
say  to  him  that  I  did  so.  I  also  notified  him  that  I  should  send  a 
representative  to  go  over  the  books  of  my  father's  estate,  of  which  he 
was  an  executor.  This  estate  has  furnished  but  two  accountings  in 


84 

ten  years.  I  do  not  suspect  my  brothers  of  wilful  mismanagement,  but 
I  do  suspect  the  lawyers  whom  they  employ  to  do  the  work  of  invest 
ment,  etc.,  for  them,  of  investments  which  are  more  to  their  own  in 
terests  than  that  of  the  said  estate.  My  brother  agreed  to  my  propo 
sition  and  I  thought  no  more  about  it. 

About  this  time  I  returned  to  my  home  in  Virginia.  I  had 
arranged  my  business  affairs  before  leaving  so  as  to  allow  me  to  take 
at  least  two  months  rest. 

I  must  tell  you  that  for  some  years  I  have  been  carrying  on  in 
vestigations  in  Esoteric  Buddhism.  You  must  not  imagine  from  this 
that  I  am  not  a  Christian;  for  I  am  a  communicant  in  the  Episcopal 
Church. 

My  investigations  were  entirely  scientific  in  their  nature  and 
totally  free  from  any  tinge  of  religion.  They  supposed  a  state  of  mind 
open  to  impressions  and  free  from  prejudices.  I  am  not  going  to  bore 
you  with  a  lecture  on  Esoteric  Buddhism,  and  shall  dismiss  the  sub 
ject.  In  the  latter  part  of  February  last  I  received  a  telegram  from 
my  friend,  Mr.  Stanford  White,  proposing  to  visit  me  in  company  with 
a  mutual  friend.  As  I  was  on  rather  unfriendly  terms  with  Mr.  White 
at  the  time,  owing  to  an  abusive  letter  he  had  recently  written  me, 
I  did  not  look  forward  to  a  visit  from  him  with  pleasure.  I  therefore 
sent  him  a  telegram  to  say  that  I  was  not  well  enough  to  see  him.  A 
few  days  later  Mr.  White  walked  in  on  me  in  company  with  a  physi 
cian.  I  shall  not  attempt  to  picture  my  surprise.  Let  it  suffice  to  say 
that  I  was  struck  dumb. 

Mr.  White  hastily  excused  his  intrusion  and  implored  me  to  accom 
pany  him  to  New  York  for  a  "plunge  in  the  metropolitan  whirl."  As 
I  had  some  business  which  needed  my  attention  in  New  York  I  con 
sented. 

I  stopped  at  the  Hotel  Kensington,  15th  Street  and  5th  Avenue, 
where  I  have  been  in  the  habit  of  putting  up  on  my  business  trips  to 
New  York.  A  day  or  so  after  my  arrival,  and  while  immersed  in  my 
business  affairs,  the  physician  who  had  accompanied  Mr.  White  to 
"The  Merry  Mills"  presented  himself  in  my  rooms  followed  by  a 
stranger,  whom  he  introduced  as  an  oculist. 

The  reason  he  gave  for  breaking  in  on  my  privacy  was  the  in 
tense  desire  on  the  part  of  his  friend,  the  Oculist,  to  examine  my  eyes. 

I  might  say  here  incidentally  that  during  my  rest  at  home  in 
Virginia  my  eyes  had  undergone  rather  a  remarkable  change.  Their 
color  having  changed  from  brown  to  gray.  I  shall  resume  that  sub 
ject  later,  and  shall  merely  say  that  after  criticising  Dr.  E.  F.,  the 
physician  who  had  accompanied  Mr.  White  to  my  home  in  Virginia, 
rather  severely  for  bringing  a  stranger  into  my  rooms  without  asking 
permission,  I  allowed  Dr.  Moses  Allen  Starr,  the  Oculist,  to  examine 
my  eyes.  Dr.  Starr  took  a  lense  from  his  pocket  and  asking  me  to  go 
to  the  light  examined  my  eyes  attentively,  he  unhesitatingly  pro 
nounced  them  gray  in  color. 


85 

I  may  as  well  re-open  the  subject  of  the  change  of  color  of  my 
eyes. 

You  may  have  noticed  that  my  eyes  were  light  brown.  I  say  "may 
have,"  for  that  assumes  two  things;  first,  that  you  are  free  from  that 
not  unusual  affection,  color  blindness;  second,  that  you  have  the  rather 
unusual  powers  of  observation  demanded  by  my  assumption  that  you 
noticed  my  eyes  at  all. 

At  all  events  they  were  light  brown.  The  extraneous  and  corrobo 
rative  eveidence  of  this  fact  is  the  description  of  Bering's  eyes,  on 
page  39  of  the  latest  edition  of  "The  Quick  or  The  Dead,"  which  I  en 
close,  having  been  sketched  from  me.  I  allude  to  the  features  of 
course,  the  occurrences  in  the  book  being  entirely  imaginary.  I  have 
the  Princess  Troubetzkoy's  word  for  this :  It  is  also  a  matter  of  almost 
common  knowledge:  The  New  York  "World"  having  published  an 
article  on  the  Princess  Trotibetzkoy,  in  February,  1896 — if  I  remember 
rightly — which  quoted  as  descriptive  of  me  the  passage  above  referred 
to  on  page  39  of,  "The  Quick  or  The  Dead";  and  the  writer  of  the  said 
article  vouched  for  its  correctness  as  a  description  of  my  personal  ap 
pearance,  in  the  article  itself.  You  will  observe  that  Bering's  eyes 
are  described  as  "the  color  of  Autumn  pools  in  sunlight."  I  need  not 
say  to  a  Virginian  that  the  color  of  Autumn  pools  in  sunlight  is  brown, 
a  sparkling  or  bright  brown.  The  pools  meant  are  the  deep  quiet 
places  in  streams  into  which  the  dead  leaves  fall  covering  the  bottom 
and  giving  a  dark  brown  appearnce  to  the  water,  which  is  lightened 
or  brightened1  when  the  sun  plays  upon  the  pool.t 

Bo  much  for  what  the  color  of  my  eyes  was  before  they  chango-1. 
Their  color  now  is  dark  gray.  As  authority  for  this  statement  I  have 
the  testimony  of  every  physician  who  has  examined  them — and  there 


Excerpt  from   an   article  appearing  in  the  New   York   "Sun"   of 
August  17,  1904: 

"In  1888  he  (John  Armstrong  Chaloner)  was  married  to  Amelie 
Rives,  and  he  was  said  to  be  the  hero  of  her  book,  "The  Quick  or  the 
Bead."  Seven  year  later  proceedings  for  divorce  were  begun  on  the 
ground  of  incompatibility  of  temperament.  Immediately  after  the 
divorce  was  granted  Mrs.  Chaloner  married  Prince  Pierre  Troubetzkoy, 
the  artist." 

tTo  Whom  It  May  Concern: 

I,  the  undersigned,  have  been  asked  by  mutual  friends  to  say 
whether  the  statements  in  the  New  York  "World"  in  the  early  part  of 
the  year  1896,  and  in  the  New  York  "Sun"  in  August,  1904,  to  the 
effect  thnt  the  leading  male  character  in  "The  Quick  or  the  Bead" 
was  sketched  from  Mr.  John  Armstrong  Chaloner  are  correct,  say  that 
the  statements  are  correct.  By  that  I  mean  that  the  physical  descrip 
tion  of  Bering  was  a  correct,  even  an  exact  description  of  Mr.  Chaloner 
in  the  year  1895.  I  do  not  wish  to  be  misunderstood  in  this  regard. 
I  do  not  wish  to  be  understood  as  saying  that  the  words  and  actions 
of  Bering  were  those  of  Mr.  Chaloner.  For  the  words  and  actions  of 
Bering  were  wholly  imaginary. 


86 

have  been  three — besides  that  of  subordinates  in  this  establishment 
whose  opinion,  as  to  the  color  of  my  eyes,  I  have  asked.  You  must 
excuse  my  dilating  upon  so  seemingly  unimportant  a  subject  as  the 
color  of  my  eyes;  but  I  assure  you  it  is  far  from  unimportant  in  this 
case,  for  the  first  count  in  the  indictment  against  my  reason,  in  the 
Commitment  Papers,  made  by  the  "Medical  Examiners  in  Lunacy,"  is 
to  the  effect  that  I  am  insane,  because  I  say  that  my  eyes  have  changed 
color;  both  said  Medical  Examiners  in  Lunacy  having  freely  admitted 
that  my  eyes  are  undeniably  gray.  Apparently  they  hope  to  prove  that 
gray  has  always  been  the  color  of  my  eyes. 

The  next  step  in  the  proceeding^  was  a  nocturnal  visit  from  Dr. 
Moses  Allen  Starr,  the  Oculist,  accompanied  by  another  doctor,  whom 
I  had  never  seen,  and  two  unknown  men.  Dr.  Starr  pushed  his  way 
into  my  rooms  followed  by  the  strange  doctor  unannounced.  The  two 
unknown  men  remained  outside  my  door.  He  then  briefly  informed 
me  that  he  (Dr.  Starr)  was  a  Professor  of  Nervous  Diseases  in  a  New 
York  College  and  that  I  was  insane.  He  went  on  to  say  that  he  had 
come  to  take  me  away — he  omitted  to  state  where — immediately — that 
I  must  get  up  at  once  (I  was  in  bed  at  the  time)  that  resistance  on 
my  part  would  be  useless  as  there  was  another  doctor — the  said 
strange  doctor — in  the  next  room  besides  two  other  men — the  said  un 
known  men — outside  the  door. 

It  is  not  necessary  to  repeat  my  reply.  I  shall  simply  say  that  I 
very  quietly,  but  at  the  same  time  effectively,  refused  to  obey  Dr. 
Starr's  orders.  I  finally  succeeded  in  convincing  Dr.  Starr  without 
the  slightest  show  of  force  that  he  had  not  brought  enough  men  with 
him  to  carry  me  off  that  night. 

The  next  afternoon  two  policemen,  in  plain  clothes,  presented 
themselves  at  my  hotel  with  the  Commitment  Papers,  a  certified  copy 


Furthermore,  I  have  been  asked  by  the  same  mutual  friends  to 
explain  just  what  color  I  meant  to  convey  by  the  term — as  applied  to 
the  color  of  Dering's  eyes — "Autumn  pools."  I  meant  by  this  expres 
sion  the  color  brown.  The  iris  of  Mr.  Chaloner's  eyes  was  in  1895  en 
tirely  brown. 

Witness  the  following  signature  and  seal  this  21st  day  of  February, 
1905. 

AMELIE  TROUBETZKOY.  (Seal.) 


State  of  Virginia : 

County  of  Albemarle :   to-wit. 

I,  H.  W.  Wood,  a  Notary  Public  in  and  for  the  County  of  Albe 
marle,  in  the  State  of  Virginia,  do  certify  that  Amelie  Troubetzkoy, 
whose  name  is  signed  to  the  foregoing  writing,  bearing  date  on  the 
21st  day  of  February,  1905,  has  acknowledged  the  same  before  me  in 
my  county  aforesaid. 

Given  under  my  hand  this  21st  day  of  February.  1005. 

H.  W.  WOOD,  N.  P. 

My  term  expires  April  15,  1908. 


87 

of  which  I  enclose.  I  accompanied  them  without  unnecessary  discus 
sion  to  this  Private  Insane  Asylum. 

Before  going  into  the  Commitment  Papers,  I  shall  briefly  touch 
on  my  life  here  for  the  past  four  months.  I  was  brought  here  the 
13th  of  March.  Since  that  time  I  have  been  in  solitary  confinement, 
in  a  two-roomed  cell.  A  keeper  sleeps  in  one  of  the  rooms  of  my 
cell,  and  he  is  always  with  me.  When  I  take  exercise  in  the  Asylum 
grounds  the  keeper  accompanies  me.  My  razors  were  seized  on  the 
ground  that  it  was  "a  rule  of  the  Institution."  The  consequence  was 
that  I  had  to  be  shaved  by  the  Asylum  barber,  which  caused  me  not 
only  inconvenience  but  hardship,  since  my  beard  is  thick  and  my  skin 
is  thin  and  no  barber  has  been  able  to  shave  me  without  causing  a 
violent  irritation  of  the  skin,  a  condition  which  is  always  absent  when 
I  shave  myself. 

You  must  excuse  the  above  apparently  trivial  incident,  but  you 
will  appreciate  the  annoyance  it  is  to  be  shaved  by  the  Asylum  barber, 
when  I  tell  you,  that  his  shaving  raised  such  a  rash  on  my  neck  that 


POLICE  DESCRIPTION   OF   PLAINTIFF.t 

An  article  to  the  following  effect  appeared  in  a  New  York  City 
newspaper  early  in  1901:  "The  mystery  shrouding  the  fate  of  John 
Armstrong  Chaloner,  who  on  Thanksgiving  Eve,  1900,  escaped  from 
Bloomingdale  Asylum,  is  as  thick  as  ever.  From  time  to  time,  as 
a  dead  tramp  is  fished  up  in  some  outlying  pond  of  Hoboken  or  Jersey 
City,  a  rumor  is  started  that  the  body  of  the  young  millionaire  has 
been  found.  The  following  is  the  police  description  of  him  sent  out 
with  the  general  alarm  that  was  sent  out  shortly  after  Mr.  Chaloner's 
escape : 

"  'Height  five  feet  ten  and  three-quarter  inches ;  weight  about  one 
hundred  and  seventy  pounds ;  face  clean  shaved ;  hair  dark  and  curly, 
worn  rather  long ;  eyes  dark  gray ;  regular,  classic  features.  Holds 
himself  erect,  walks  with  a  swinging  stride,  and  carries  a  cane.  He 
was  dressed  as  follows :  Black  fedora  hat,  navy-blue  melton  overcoat, 
dark  green  sack  coat  and  waistcoat,  steel  gray  trousers,  black  satin 
four-in-hand  tie  with  large  gray  pearl  stickpin.' 

"When  will  they  catch  up  with  him  is  the  question.  The  police  of 
all  the  cities  in  the  country  are  on  the  watch,  while  sleuths — men 
trained  to  hunt  down  men — are  seeking  the  man  with  the  weak  mind." 

•^Richmond,  Virginia,  February  24,  1915. 

Time  has  treated  "Who's  Looney  Now?"lightly;  in  spite  of  his 
incessant  legal  conflicts,  and  more  of  less  turbulent  career.  The  above 
police  description  of  "Who's  Looney  Now?"  would  exactly  describe  him 
today:  for  his  hair  is  as  dark  and  plentiful  as  ever,  and  his  weight  no 
greater  than  in  the  year  of  our  Lord,  nineteen  hundred  and  one.  He 
redity  is  probably  responsible  for  said  state  of  things.  The  long  line 
of  martial  ancestors  from  which  "Who's  Looney  Now?"  is  descended 
makes  itself  felt — on  the  maxim  "blood  will  tell."  And  hence  fighting 
is  "Who's  Looney  Now'sf"  delight — fighting  in  a  good  cause:  such  as 
fighting  for  Lunacy  Law  reform-  against  the  criminal  lethargy  of  the 
great  American  people:  and  the  embittered  and  venomously  bitter 
opposition  of  the  press,  supported  by  the  Legal  Profession — both  Bar 
and  Bench — State  and  Federal — in  iNew  York  situate. 


88 

I  have  limited  his  operations  to  twice  a  week;  thus  giving  the  inflam 
mation  time  to  subside — to  begin  afresh  on  the  next  shave. 

You  know,  from  my  having  had  the  pleasure  of  dining  at  your 
bouse,  that  I  am  limited  to  a  very  abstemious  diet,  that  I  am  practi 
cally  a  vegetarian. 

You  also  probably  know  that  I  ride  a  great  deal  on  horseback. 
It  is,  in  fact,  my  favorite  and  only  form  of  outdoor  exercise.  You 
can  well  imagine  the  deleterious  effect  upon  my  health,  resultant  from 
a  combination  of  bad  cooking,  poor  food  and  total  deprivation  of  horse 
back  exercise.  Of  the  cooking  I  shall  simply  say  that  the  Asylum 
cooks  cannot  even  bake  bread,  though  they  daily  attempt  it.  So  that 
I  have  been  forced  to  buy  crackers  to  avoid  the  violent  indigestion 
the  half-baked  bread  causes  me.  Of  the  food  I  shall  simply  saj  that 
it  has  been  so  bad  that  I  have  come  down  to  a  daily  diet  of  baked 
potatoes,  lettuce,  fruit  and  crackers  in  order  to  avoid  eating  food 
which  either  is  badly  cooked,  adulterated  or  decayed. 

In  the  meantime  I  am  living  in  a  Madhouse.  Every  "patient"  in 
the  building  in  which  I  am  imprisoned  is  hopelessly  insane.  At  times 
some  of  them  become  violently,  homicidally,  insane,  when,  after  yells 
and  struggles  with  keepers,  and  a  siege  in  a  straight-jacket,  they  are 
forcibly  removed  to  another  ward.  Since  my  arrival  two  patients 
were  removed  from  this  building  for  having  become  "violent,"  as  they 
call  it  here. 

Nothing  prevents  a  patient  from  becoming  homicidally  insane 
at  any  time.  In  one  of  such  fits  of  frenzy  the  lunatic  might  take  it 
into  his  head  to  walk  into  my  cell  and  attack  me.  The  cell  doors  are 
unlocked,  and  although  there  is  a  keeper  on  watch  on  my  floor,  he 
is  not  always  there.  To  give  me  warning  of  the  approach  of  prowling 
maniacs  I  put  a  table  against  my  door  at  night. 

This  will  give  you  an  idea  of  my  surroundings.  I  think  that  you 
will  agree  with  me  that  they  are  calculated  to  drive  a  man  inane. 
When  you  add  to  these  "surroundings"  the  active  and  sustained  efforts 
of  the  resident  doctors  to  talk  me  into  becoming  insane  by  declaring 
to  my  face  that  I  am  insane,  and  attempting  to  argue  me  into  admit 
ting  that  I  am;  when  you  consider  this,  you  will,  I  think,  conclude 
that  I  have  my  nerves  and  will-power  under  effective  control  in  being 
able  to  remain  sane. 

So  much  for  my  life  for  the  last  four  months.  This  is  the  first 
opportunity  which  I  have  had  for  posting  a  letter  unbeknown  to  the 
authorities  here.  The  rule  is  that  all  letters  and  telegrams  must  be 
sent  through  the  authorities  here,  who  have  the  legal  right  to  suppress 
or  forward  to  "The  Commission  in  Lunacy"  at  Albany,  who  have  again 
the  legal  right  to  suppress  and  destroy  them.  You  can  readily  under 
stand  that  I  would  not  send  a  letter  under  such  conditions.  Hence 
my  having  to  wait  four  months  to  write  to  you  and  ask  your  aid. 

The  next  thing  to  be  considered  is  the  Commitment  Papers.  I 
shall  only  touch  upon  that  briefly  for  it  speaks  for  itself. 


89 

In  the  first  place  the  Commitment  Papers  give  my  residence  as 
"Hotel  Kensington,!  New  York  City."  This  is  false,  as  my  residence 
since  1895  has  been  "The  Merry  Mills,"  Cobham,  Albemarle  County, 
Virginia.  Trow's  Directory  of  New  York  City  gives  my  residence 
Virginia.  In  Trow's  Directory  for  July,  1896,  to  July,  1897,  you  will 
find  "J.  A.  Chaloner,  Lawyer,  120  Broadway,  H.  Va."  "H"  stands  for 
House,  i.  e,  home,  residence,  and  "Va."  of  course  stands  for  Virginia. 

I  have  never  practised  law  in  New  York,  but  have  been  a  silent 
partner  in  the  law  firm  of  "Chaloner,  Maxwell  and  Philip,  120  Broad 
way,"  which  firm  name  you  will  find  a  few  places  below  my  own  in 
Trow's  Directory  of  the  above  date. 

There  can  be  no  doubt  about  my  residence's  being  in  Virginia,  for 
in  1895  I  went  to  the  Commissioner  of  Taxes'  Office  in  the  Stewart 
Building,  corner  Broadway  and  Chambers  Street,  and  myself  wrote,  at 
his  request,  in  the  Tax  Book  a  full  description  of  my  residence.  It 
is,  of  course,  there  yet.  It  is  to  the  effect  that  I  was  interested  in  a 
law  firm  in  New  York,  but  that  I  did  not  personally  practise  law  in 
New  York,  as  the  business  I  had  charge  of  was  a  manufacturing  one  in 
Roanoke  Rapids,  North  Carolina,  and  that  my  home,  "The  Merry 
Mills,"  where  I  lived,  was  at  Cobham,  Virginia.  The-  object  of  the 
above  visit  was  to  fix  the  amount  of  my  personal  tax  in  New  York. 
The  amount  fixed  was  $2,500  (twenty-five  hundred  dollars).  This 
took  place  in  1895,  and  neither  the  amount  nor  my  address  has  since 
been  changed. 

Moreover,  no  better  evidence  as  to  my  residence's  being  in  Vir 
ginia  could  be  asked  than  is  offered  by  the  sworn  testimony  of  the 


t  John  R.  Bland,  Cash  Capital,  $1,700,000.  Geo.  R.  Callis, 

President.  Secretary-Treasurer. 

The  United  States  Fidelity  and  Guaranty   Company, 

Baltimore,  Md. 
Andrew  Freedman, 

Vice-President.  , 

Sylvester  J.  O' Sullivan, 
Manager. 

66  Liberty  Street,  New  York,  March  14,  1905. 
Mr.  John  Armstrong  Chaloner, 

"The  Merry  Mills," 

Cobham,  Va. 
My  Dear  Chaloner: 

In  reply  to  your  letter  requesting  my  views  regarding  your  alleged 
former  residence  at  the  Hotel  Kensington,  Fifth  Avenue  and  Fif 
teenth  Street,  Borough  of  Manhattan,  City  of  New  York,  in  1896  and 
1897,  I  beg  to  state  as  follows: 

I  was  proprietor  of  that  hotel  from  April  1,  1894,  to  April,  1897. 
I  do  not  think  you  ever  stopped  there  prior  to  my  assuming  control 
of  it.  I  do  believe  you  came  there  solely  on  my  account.  You  never 
were  in  any  sense  a  resident  guest  of  that  hotel.  You  never  were  any 
other  than  a  transient  guest.  You  never  engaged  rooms  there  other 
than  by  the  day.  Your  visits  there  were  infrequent,  yet  I  believe  you 
stopped  there  every  time  you  came  to  New  York  while  I  conducted 


90 

three  petitioners  (my  brothers,  Messrs.  Winthrop  Astor  Chanler,  Lewis 

Stuyvesant  Chanler  and   ).      Page 

3,  lines  141  and  142  of  the  Commitment  Papers,  where  they  declare: 
"Mr.  John  Armstrong  Chaloner  has,  for  several  months,  while  at  his 
home  in  Virginia":  this  should  settle  any  doubt  about  my  residence. 

It  might  be  well  to  state  before  going  any  further,  the  probable 
causes  which  led  to  the  said  brothers'  wishing  to  see  me  declared  in 
sane  and  confined  in  an  Insane  Asylum. 

You  will  remember  that  abusive  letter  written  me  immediately 
after  the  Directors'  Meeting  of  the  Roanoke  Rapids  Power  Company 
in  December  last  by  this  same  brother,  Mr.  Winthrop  Astor  Chanler, 
in  which  he  refused  to  speak  to  me  or  have  anything  further  to  do 
with  me  except  by  letter  or  third  parties.  You  will  also  remember 
that  I  accepted  his  terms  and  informed  him  that  I  would  have  the 
books  of  my  Father's  Estate,  of  which  he  was  an  Executor,  examined. 
You  must  know  that  there  are  two  Executors  of  my  Father's  Estate. 
One  of  them  is  Mr.  Winthrop  Astor  Chanler  and  the  other  is  Mr.  Lewis 
Stuyvesant  Chanler.  These  two  gentlemen,  who  are  equally  to  blame 
for  what  I  am  compelled  to  believe  is  innocent  but  palpable  misman 
agement  of  my  Father's  Estate,  join  hands  in  petitioning  for  my  in 
carceration  in  an  Insane  Asylum  before  I  had  the  opportunity  to  in 
vestigate  their  mismanagement — but  two  accountings  of  their  manage 
ment  of  the  said  Estate  having  been  rendered  in  ten  years. 

Furthermore.  As  I  have  told  you  there  has  for  years  past  been  no 
love  lost  between  my  family  and  myself.  When  affection  is  absent 
and  business  interests  are  present  it  behooves  a  careful  man  to  look 
about  him,  and  see,  in  seeking  for  the  solution  of  an  obscure  action, 
whether  or  not  it  could  have  been  to  the  parties'  business  interests 
to  do  an  otherwise  incomprehensibly  malicious  thing. 


that  hotel.  As  a  rule,  you  came  on  each  year  to  the  Horse  Show, 
and  on  those  visits  you,  of  course,  spent  the  week  said  show  was  in 
progress,  and  I  believe  on  one,  or  possibly  two  occasions,  your  visit 
at  that  season  was  prolonged  to  several  weeks.  Other  than  the  Horse 
Show  week  mentioned  above,  my  recollection  is  that  you  did  not  come 
to  that  hotel  more  than  once  or  twice  a  year,  and  on  some  of  these 
visits  your  stay  was  only  for  a  day  or  two. 

I  well  remember  having  several  prolonged  conversations  with  you 
about  some  large  enterprises  you  had  on  hand  in  North  Carolina,  and 
that  almost  the  entire  year  of  1895  was  spent  by  you  in  the  South  in 
the  conduct  of  said  enterprises. 

You  were  at  the  Kensington  during  the  Horse  Show  week  in  No 
vember,  1896,  and  left  there  for  the  South  in  December.  You  returned 
again  in  February  of  1897  and  left  in  March.  Of  course,  I  could  not 
recollect  the  exact  dates  of  your  arrival  and  departure  on  those  visits. 
but  I  again  repeat  in  the  strongest  terms  possible  that  you  never  were 
at  any  time,  to  my  knowledge,  a  resident  guest  of  that  hotel,  but  were 
always  looked  upon  by  myself  and  all  the  attaches  of  the  hotel  as  n 
transient  guest. 

Very  truly  yours, 
SYLVESTER  J.  O'SULLIVAN.t 

t  Since  deceased. 


91 

The  business  end  of  the  present  situation  throws  a  bright  light 
upon  it. 

Under  my  Father's  Will  I  enjoy  an  eighth  of  the  income  of  his 
Estate  during  my  life.  At  my  death  without  issue  my  said  share 
reverts  to  his  Estate.  Should  I  leave  issue  my  said  share  would  go 
to  said  issue.  It  is  therefore  evidently  to  the  business  interests  of  my 
family  to  prevent  my  marrying  by  locking  me  up  for  life  in  an  Insane 
Asylum,  if  possible,  and  if  that  is  not  possible  the  next  best  step 
towards  safe-guarding  their  business  interests  is  to  throw,  if  possible 
an  insurmountable  obstacle  in  the  way  of  my  marrying.  No  more 
insurmountable  obstacle  in  the  way  of  marriage  could  be  imagined 
than  insanity. 

Granting  that  I  get  out  of  this  Asylum  the  stigma  of  having  been 
confined  in  it  would  stick  to  me  through  life.  You  need  not  necessarily 
infer  from  this  that  I  have  any  intentions  of  marrying,  only  I  like  to 
retain  tbe  privilege  of  the  option. 

Further.  There  is  every  human  probability  that,  were  I  to  be 
confined  in  these  surroundings  long  enough,  my  mental  and  physical 
forces  would  succumb  to  the  hideous  moral  strain  and  confinement. 
When  this  took  place  my  family  would  be  appointed  a  commission  to 
administer  my  Estate.  I  being  by  that  time  a  bona  fide — instead  of 
what  I  am  at  present  a  bogus-maniac.  I  have  an  estate  which  bids 
fair  to  be  very  valuable  in  time.  Certain  portions  of  that  estate  are 
represented  by  large  stockholdings  in  the  United  Industrial  Company 
and  the  Roanoke  Rapids  Power  Company.  These  said  holdings  could 
be  sold  to  third  parties,  with  the  understanding  that  they  were  to  be 
bought  back  at  a  certain  figure,  by  one  or  more  of  my  brothers  or 
sisters,  who  already  hold  stock  in  the  said  companies,  and  who 
I  know  would  like  to  increase  their  holdings — once  the  said  "family 
commission"  for  my  estate  came  into  being. 

Furthermore.  Nothing  would  be  easier  than  to  break  my  will 
on  the  ground  of  insanity,  now  that  I  have  been  declared  insane  and 
confined  as  an  insane  person  in  an  Insane  Asylum:  that  my  family 
would  make  every  effort  to  break  my  will  I  make  no  doubt.  For  two 
reasons.  First  because  of  their  unfriendly  attitude  toward  me  for 
years  past.  Second  because  they  are  in  a  position  to  know  that  I  have 
left  all  of  them  out  of  my  will,  except  onet  sister  and  that — strictly 
confidentially — my  largest  legatee  is  the  University  of  Virginia  for 
which,  on  account  of  its  own  character  and  that  of  Thomas  Jefferson, 
I  have  a  high  admiration. 

Furthermore.  The  United  Industrial  Company  of  which  I  am  the 
controlling  stockholder,  and  of  which  I  was  a  Director  last  December, 
held  its  annual  meeting  for  the  election  of  officers  for  the  ensuing 
year,  the  first  week  in  January  last.  My  brother,  Mr.  Winthrop  Astor 


tNoTE. — Since  writing  above  said  sister  has  been  left  out  of  said 
will,  owing  to  her  attitude  in  the  present  controversy. 


92 

Chanler,  had  been  elected  by  my  votes,  as  President  of  the  said  Com 
pany  the  preceding  year  at  a  salary  of  $2,000.00  per  annum.  After 
receiving  the  abusive  letter  before  alluded  to,  from  him  last  December, 
I  decided  to  elect  myself  President  of  the  United  Industrial  Company 
in  his  place.  His  said  letter  to  me  having  specifically  stated  that  he 
would  not  speak  to  me  again  or  hold  any  communication  with  me 
except  by  letter  or  third  parties,  had  rendered  it  a  business  impossi 
bility  for  me  to  elect,  as  President  of  a  Company,  a  man  who  was  not 
on  speaking  terms  with  myself:  who  besides  being  the  controlling 
stockholder  was  one  of  the  Board  of  Directors. 

I  had  it  delicately  conveyed  to  Mr.  Winthrop  Astor  Chanler  by 
third  parties,  some  days  before  the  election,  that  it  would  be  as  well 
for  him  to  resign  his  Presidency  of,  as  well  as  his  membership  on,  the 
Board  of  Directors,  of  the  United  Industrial  Company.  This  he  prompt 
ly  did,  and  at  the  ensuing  election  in  January,  '97,  I,  voting  by  proxy, 
for  I  was  at  home  in  Virginia  at  the  time,  elected  myself  President 
of  the  United  Industrial  Company  in  his  place,  together  with  a  Board 
of  Directors  of  my  own  choosing,  to  whom  I  had  previously  conveyed 
enough  stock  in  the  Company  to  render  them  eligible  under  the  Law 
to  hold  office. 

It  might  be  well  for  you  to  bear  in  mind  that  the  above  revolu 
tionary  and  delicate  stock  manipulation  was  conceived  and  carried  out 
by  an  alleged  maniac.  For  the  conception  of  the  above  plan  took 
place  on  receipt  of  Mr.  Winthrop  Astor  Chanler's  said  abusive  letter, 
about  the  middle  of  December  last,  and  the  carrying  out  occurred  in 
January  of  '97.  Whereas  my  present  attack  of  alleged  insanity  began, 
according  to  the  Commitment  Papers,  in  November,  1896. 

Mr.  Winthrop  Astor  Chanler  is  heavily  interested  in  the  United 
Industrial  Company.  The  said  Company's  factory  is  situated  in  the 
town  of  Roanoke  Rapids,  North  Carolina.  He  has  put  $50,000.00  into 
the  said  Company.  Finding  himself  checkmated,  as  described,  he, 
apparently  out  of  revenge  and  interest  in  his  stock,  set  about  to  get 
the  control  of  the  said  Company,  and  thereby  of  his  said  stock  out  of 
my  hands.  It  was  a  desperate  game,  but  $50,000.00  is  a  large  stake. 
It  is  necessary  for  me  to  make  a  short  digression  here  in  order  to 
give  you  all  the  threads  of  the  plot. 

Mr.  Stanford  White  again  comes  on  the  stage.  He  had  intimated 
to  me  last  February  in  New  York,  through  a  third  party,  that  he 
thought  I  should  take  an  extended  rest  from  business,  and  that  it 
would  give  him  great  pleasure  if  I  were  to  make  him  and  Mr.  Saint 
Gaudens — the  distinguished  sculptor  and  a  friend  of  mine  and  Mr. 
White's  most  intimate  friend — my  powers  of  attorney  to  transact  all 
my  business  and  look  after  all  my  affairs. 

Here  was  the  spectacle  of  two  rich,  successful,  and  eminent  men 
willing  to  take  upon  themselves  all  the  work  and  worry  of  my  affairs 
for  friendship's  sake.  I  was  touched.  I  thought  that  there  might 
be  something  behind  all  this,  but  I  did  not  impute  selfish  motives  to 
either  of  them. 


93 

I  declined  the  services  of  Mr.  Saint  Gaudens  but  accepted  those 
of  Mr.  Stanford  White.  My  reason  for  so  doing  was  that  business 
was  extremely  dull,  and  I  thought  that  if  Mr.  White  wanted  to  help 
me  run  my  affairs  there  would  be  no  harm  in  letting  him  do  so,  I 
being  able  to  revoke  the  power  of  attorney  at  any  time  and  being  able 
to  supervise  his  work  meanwhile.  So  I  gave  him  a  limited  power  of 
attorney. 

I  also  at  his  request  resigned  from  the  Board  of  Directors  of  the 
Roanoke  Rapids  Power  Company  to  make  room  for  Mr.  White  on  that 
Board.  Mr.  Winthrop  Astor  Chanler's  presence  on  said  Board  would 
have  made  the  transaction  of  business  difficult  owing  to  his  disinclina 
tion  to  talk  to  me,  whereas  Mr.  White  is  one  of  his  closest  friends. 

I  also  resigned  from  the  Presidency  of  the  United  Industrial  Com 
pany,  Mr.  White  thereby  becoming  a  Director  of  the  said  Company 
and  one  of  my  previously  chosen  Directors  being  elected  to  fill  my 
place  as  President. 

All  this  having  been  arranged  I  was  about  to  return  to  Virginia 
to  await  the  arrival  of  "the  McKinley  wave  of  prosperity"  when  I 
was  arrested  and  brought  here. 

As  I  said  it  appears  that  my  brother  wished  to  prevent  my  mak 
ing  use  of  the  power  I  had  attained  in  the  United  Industrial  Company 
by  locking  me  up  in  an  Insane  Asylum.  He  achieved  his  end. 

Lastly  I  hold  a  note  of  the  United  Industrial  Company  for  about 
$14,000  (fourteen  thousand  dollars) ;  this  note  is  past  due.  It  would 
greatly  embarrass  Mr.  Winthrop  Astor  Chanler  were  I  to  demand  its 
payment.  How  much  has  the  fear  that  I  would  do  so  had  to  do  with 
his  locking  me  up?  The  said  amount  of  the  note  was  advanced  by  me 
to  the  said  Company.  He  owns  $50,000  (fifty  thousand  dollars)  worth 
of  the  said  Company's  stock,  and  others  of  my  immediate  family  own 
about  $25,000  (twenty -five  thousand  dollars)  worth  of  the  same  stock. 
It  would  pay  them  to  join  forces  and  repay  me  their  pro  rata  share 
of  my  overdue  advance  to  said  Company,  rather  than  have  said  note 
go  to  protest  and  legal  proceedings  ensue. 

Cheapest  of  all  however  is  to  lock  me  up  out  of  reach  of  "protest." 

I  think  I  have  given  you  enough  of  the  business  end  of  this  con 
spiracy  for  you  to  see  clearly  that  it  was  to  my  brothers',  Messrs. 
Winthrop  Astor  Chanler  and  Lewis  Stuyvesant  'Chanler  (the  Co- 
Trustees  of  my  Father's  Estate)  interest,  as  well  as  to  that  of  my 
whole  family,  that  I  should  disappear  for  an  indefinite  period.  Add  to 
their  business  interests  the  strong  personal  interest  of  jealousy  and 
dislike  and  you  have  a  powerful  working  incentive. 

We  may  now  resume  the  perusal  of  the  Commitment  Papers.  You 
will  remark  that  the  three  Petitioners,  Messrs.  Winthrop  Astor  Chan 
ler,  Lewis  Stuyvesant  Chanler  and  ,  swear  that 

the  acts  alleged  to  have  been  committed  by  me  in  Virginia  and  in 
New  York  are  of  their  own  knowledge.  For  you  will  note  on  Page  4 
of  the  Commitment  Papers  line  165  to  line  168  "Winthrop  A.  Chanler, 


94 

Lewis  S.  Chanler  and  being  duly  sworn,  depose  and 

say:  that  they  have  read  the  foregoing  petition  and  know  the  contents 
thereof,  and  that  the  same  is  true  to  the  knowledge  of  deponents  except 
as  to  the  matters  therein  stated,  to  be  alleged  on  information  and 
belief." 

As  there  are  no  "matters  therein  stated  to  be  alleged  on  informa 
tion  and  belief"  the  matters  therein  alleged  must  therefore  all  be  "true 
to  the  knowledge  of  deponents";  in  swearing  that  the  said  matters 
were  "true  to  the  knowledge  of  deponents"  the  said  deponents  Messrs. 

Winthrop  A.  Chanler,  Lewis  S.  Chanler  and  — • perjured 

themselves;  for  not  one  of  the  said  deponents  has  ever  crossed  the 
threshold  of  my  "home  in  Virginia,"  where  part  of  the  alleged  acts 
are  sworn  by  said  deponents  to  have  been  committed;  and  not  one  of 
the  said  deponents  saw  me  later  in  New  York  where  the  remainder 
of  the  said  alleged  acts  are  sworn  by  said  deponents  to  have  been  com 
mitted. 

One  of  these  said  deponents,  Mr.  Lewis  S.  Chanler,  was  in  Europe 
just  prior  to  the  10th  of  March,  but  having  sailed  from  England  on  a 
cable's  notice,  reached  New  York  in  time  to  swear  on  March  10th  to 
alleged  acts  committed  by  me  while  he  was  abroad  or  on  the  ocean. 

The  said  deponent I  have  not  seen  since  1894. 

The  said  deponent  Mr.  Winthrop  A.  Chanler  I  have  not  seen  since 
that  Directors'  Meeting  about  the  middle  of  December,  1896. 

So  much  for  the  veracity  of  the  three  Petitioners  Messrs.  Winthrop 
A.  Chanler,  Lewis  S.  Chanler  and . 

Now  let  us  examine  that  of  the  two  "Medical  Examiners  in  Lu 
nacy"  namely:  Dr.  Moses  Allen  Starr  (for  our  friend  the  Oculist  turns 
out  to  be  an  Examiner  in  Lunacy)  and  Dr.  E.  F.  If  you  turn  to  page  5 
of  the  Commitment  Papers,  you  will  see  under  the  caption  "Certificate 
of  Lunacy"  and  on  line  200  "Patient  resides  at  Hotel  Kensington,  New 
York,  County  of  New  York;"  and  now  turn  to  page  7  of  the  Commit 
ment  Papers  and  on  lines  275,  276  and  279,  you  will  find,  "that  the 
facts  stated  and  information  contained  in  this  Certificate  are  true  to 
the  best  of  my  knowledge  and  belief;"  then  follow  the  signatures  of 
M.  Allen  Starr,  M.  D.  and  E.  F.,  M.  D.  and  then  line  279:  "severally 
subscribed  and  sworn  to."  Doctors  M.  Allen  Starr  and  E.  F.  therefore, 
swore  that  to  the  best  of  their  knowledge  and  belief  I  resided  at  the 
Hotel  Kensington,  New  York,  notwithstanding  the  fact  that  my  said 

brothers  and  ,  the  said  Petitioners,  swore  of  their  own 

knowledge  that  my  residence  was  in  Virginia — their  words  were  cf., 
lines  141  and  142,  "Mr.  J.  A.  Chaloner  has  for  several  months  while 
at  his  home  in  Virginia" — and  also  notwithstanding  the  fact  that  Dr. 
E.  F.  found  me  at  my  "home  in  Virginia"  when  he  presented  himself 
there  in  company  with  Mr.  Stanford  White  last  February;  and  Dr.  M. 
Allen  Starr  was  aware  of  the  said  visit,  on  the  part  of  Dr.  E.  F.  to 
my  "home  in  Virginia:"  said  visit  having  been  touched  on  before  Dr. 
M.  Allen  Starr  in  my  presence.  There  could,  therefore,  have  been  no 


95 

possible  doubt  in  either  Dr.  E.  F.'s  or  Dr.  M.  Allen  Starr's  mind  about 
my  residence  being  in  Virginia.  On  top  of  their  knowledge  as  above 
described,  and  on  top  of  the  corroboration  of  it  in  Trow's  Directory 
(which  they  probably  consulted,  for  touching  my  occupation  they  say 
on  line  202  "occupation  Lawyer")  which  gives  my  residence  Virginia, 
on  top  of,  and  in  spite  of,  all  this,  both  Dr.  M.  Allen  Starr  and  Dr.  E. 
F.  swore  that  to  the  best  of  their  knowledge  and  belief  I  reside  at  the 
Hotel  Kensington.  This  looks  to  me  like  perjury.  How  does  it  strike 
you? 

At  all  events  it  is  so  remarkable  a  divergence,  as  sworn  testimony, 
from  the  sworn  testimony,  on  the  same  subject,  on  the  part  of  the 
said  Petitioners  that  it  badly  needs  investigation. 

The  remainder  of  the  statements  in  the  Commitment  Papers  both 
on  the  part  of  the  said  Petitioners,  and  on  that  of  the  said  Medical 
Examiners  in  Lunacy,  is  on  a  par  with  the  above  instances  of  false 
swearing. 

On  the  maxim  "False  in  one  thing  false  in  all"  it  becomes  un 
necessary  for  me  to  take  up  your  time  to  deny  the  false  allegations  on 
the  part  of  the  said  Petitioners  and  on  that  of  the  said  Medical  Ex 
aminers  in  Lunacy,  as  "they  drag  their  slow  length  along." 

I  shall  content  myself  in  making  a  general  denial  to  all  allegations 
which  go  to  show  me  of  unsound  mind. 

Such  trifling  allegations  as  that  I  have  limited  myself  to  a  peculiar 
diet,  or  that  I  have  secluded  myself,  or  that  I  burnt  my  hand  (in  an 
experiment  by  the  way),  I  demur  to. 

I  also  demur  to  the  allegation  that  I  frequently  went  into  a 
"trance-like  state."  This  was  done  in  the  presence  of  Drs.  Moses  Allen 
Starr  and  E.  F.  and  at  their  request  in  order  that  they  might  note 
the  action  of  a  trance-like  state.  Their  request  to  me  was  based  on 
purely  scientific  grounds  and  I  granted  it  on  the  same  grounds.  There 
was  never  any  question  of  Medical  advice.  Drs.  E.  F.  and  Moses  Allen 
Starr  each  pretended  interest  in  the  trance-like  states,  and  Dr.  Moses 
Allen  Starr  pretended  to  some  knowledge  of  same. 

You  will  remember  that  I  said  that  I  had  for  some  years  been 
carrying  on  investigations  in  Esoteric  Buddhism.  The  said  trance- 
like  state  is  one  of  the  means  I  from  time  to  time  employ  to  that  end. 
As  I  said  before  I  am  not  going  to  bore  you  with  a  lecture  on  Esoteric 
Buddhism,  and  shall  drop  the  subject  with  the  remark  that  I  have  not 
injured  myself  nor  anybody  else  by  my  said  investigations.  , 

To  all  allegations  to  the  effect,  or  tending  thereto  in  the  remotest 
degree,  that  I  have  a  delusion  or  delusions  of  any  kind  or  description 
I  make  an  unequivocal  denial. 

The  allegations  that  I  have  exposed  myself  to  cold,  neglected  or 
injured  myself,  I  unequivocally  deny. 

The  allegation  that  I  threaten  people  I  unequivocally  deny. 

The  allegation  that  I  was  emaciating  I  unequivocally  deny. 

The  allegation  that  I  was  confined  in  an  Institution  for  the  Insane 


96 

In  New  Paris,  France,  I  unequivocally  deny.  "New  Paris'"  is  a  remark 
ably  ignorant  clerical  error. 

I  unequivocally  deny  each  of  the  following  allegations  which  for 
brevity  I  shall  designate  by  the  numbered  line  they  fall  on.  Namely. 
Line  142  from  the  word  "Been"  to  "Manner;"  line  144  from  the  words 
"he  has"  to  the  end  of  line  150,  inclusive;  line  187  to  line  191,  inclusive. 
Line  205  to  line  212,  inclusive.  Line  215  and  line  216,  with  the  excep 
tion  of  'is  armed":  the  very  natural  fact  that  I  had  a  revolver  in  my 
room,  which  I  always  travel  with,  was  twisted  until  it  was  distorted 
into  "is  armed."  Line  218  and  line  219.  Line  244  to  line  249,  inclusive, 
except  that  I  maintain  that  my  eyes  have  changed  from  brown  to  gray. 
Line  252  to  line  2.61,  inclusive,  except  that  I  frequently  went  into  a 
trance-like  state  at  the  request  of  Drs.  Moses  Allen  Starr  and  E.  F. 
and  that  I  sometimes  talked  French  when  in  the  trance-like  state. 
Line  262  to  line  264,  inclusive.  Lines  269,  270,  271.  Line  273  and  line 
274.  The  valet  in  question  denied  to  me  in  my  cell  the  foregoing  alle 
gation  in  the  following  inelegant  but  explicit  language  to-wit:  "I  didn't 
describe  no  gradual  development  of  no  delusion  for  I  didn't  see  none." 
I  demur  to  line  272  which  says:  "He  has  become  suspicious  of  friends, 
has  secluded  himself,"  on  the  ground  that  I  showed  keen  instinct  in 
suspecting  my  friends.  My  friends  so  called — family  and  friends — ran 
me  in  here.  Had  I  been  more  suspicious  of  friends  I  should  not  be 
in  the  hole  which  I  occupy  at  present. 

I  think  that  you  will  agree  with  me  that  the  frequently  occurring 
word  "line"  in  the  foregoing  paragraphs  should  read  "lie." 

So  much  for  the  allegations  of  the  said  Petitioners  and  said  Medi 
cal  Examiners  in  Lunacy  against  my  reason.  Now  let  us  see  how  far 
the  allegations  of  the  Honorable  Henry  A.  Gildersleeve,  Justice  of  the 
Supreme  Court  of  the  State  of  New  York,  that  I  am  a  maniac,  with 
suicidal  as  well  as  homicidal  tendencies — the  only  conclusion  to  be 
drawn  from  his  allegations — remember  the  said  Honorable  Justice  has 
never  laid  eyes  on  me,  line  187  to  line  191,  inclusive,  and  line  345  and 
line  346 — let  us  see  how  far  said  allegations  have  been  borne  out  by 
the  facts  which  have  transpired  since  my  arrest  March  13th. 

I  made  no  resistance  to  the  Police  who  arrested  me  at  the  Hotel 
Kensington  and  brought  me  here.  I  gave  them  cigars  and  we  smoked 
and  chatted  amicably  together  on  the  way  here. 

During  the  four  months  that  I  have  been  imprisoned  here  I  have 
not  committed  a  single  act  which  in  the  remotest  degree  resembled 
either  violence  or  insanity.  I  have  threatened  nobody  during  that 
time.  I  have  frequently  warned  the  authorities  here  that  I  would  seek 
legal  redress  for  the  false  imprisonment  that  I  was  undergoing,  and 
that  I  would  hold  them  legally  responsible  for  their  share  in  it. 

The  above  statement  is  borne  out  by  each  of  my  keepers — one  is 
on  duty  with  me  when  the  other  is  off  duty — one  of  whom  has  been 
eleven  years  a  keeper  in  Insane  Asylums  and  the  other  has  been  three 
years  in  this  Institution.  Their  duty  is  to  sleep  in  my  cell  and  be 


97 

with  me  and  watch  me  when  I  am  awake,  and  report  daily  to  the  Au 
thorities  here  all  that  I  do  or  say  of  any  nature  whatever.  These 
reports  are  then  taken  down  in  writing  by  the  Authorities  and  are 
known  as  "charts."  It  is  on  these  "charts"  that  the  progress  or  retro 
gression  of  a  "patient's"  condition  is  based.  The  Authorities — the 
doctors  i.  e. — may  see  the  "patient"  for  five  or  ten  minutes  each  day, 
the  keeper  sees  the  patient  fifteen  hours  out  of  the  twenty-four.  It  is 
in  fact  the  keepers,  who  are  expert  trained  nurses,  and  not  the  doctors 
who  understand  the  most  about  the  character,  habits,  and  mind  of  the 
patient,  in  the  ratio  of  fifteen  hours  to  ten  minutes  per  day  of  diagnosis 
and  attention.  Neither  of  my  keepers  has  ever  seen  me  do  or  heard 
me  say  anything  which  was  in  the  least  irrational  or  unbalanced. 
Each  of  them  considers  me  as  sane  as  any  man  and  they  are  willing 
to  so  testify. 

Why  do  the  doctors  here  not  discharge  me  as  sane?  Why  did 
they  not  discharge  me  as  sane  after  a  week  or  two  of  observation? 
Because  the  duty  of  the  doctors  in  the  pay  of  this  Private  Insane 
Asylum  appears  to  be  to  hold  anybody  placed  here,  whether  sane  or 
otherwise,  long  enough  for  the  owners  of  this  Asylum  to  make  a  good 
profit  out  of  him — or  her.  Times  are  hard.  It  is  not  every  day  in  the 
week  that  the  proprietors  of  this  Asylum  can  capture  a  prisoner  who 
can  be  made  to  pay  $100  (one  hundred  dollars)  a  week  ransom  until 
released.  As  you  see  by  the  statement  on  the  cover  of  the  Commit 
ment  Papers  that  is  the  exorbitant  sum  I  am  forced  to  pay  in  exchange 
for  a  two-roomed  cell,  a  keeper — whose  salary  is  not  over  thirty  dollars 
a  month  with  board  and  lodging — and  baked  potatoes.  There  is  no 
reduction  here;  I  am  forced  to  pay  for  what  I  don't  want,  whether  I 
reject  it  or  otherwise. 

You  can  readily  grasp  the  threads  of  this  daring  conspiracy  from 
your  intimate  knowledge  of  the  ways  of  criminals,  gathered  from  your 
long  and  successful  pursuit  of  them  as  Commonwealth's  Attorney. 

It  is  not  necessary  therefore  for  me  to  point  them  out  to  you. 

Let  it  suffice  to  say  that  the  ground  work  of  the  Commitment 
Paper  is  an  amalgam  of  avarice,  malice,  and  mendacity. 

That  the  only  truthful  statements  in  the  Commitment  Papers  are 
such  as  in  no  wise  reflect  on  my  reason  or  sanity.  That  I  was  accused 
by  persons  who  were  not  in  a  position  to  know  whereof  they — not 
merely  spoke  but — duly  swore.  That  these  said  accusers — the  said 
Petitioners — were  all  and  severally  on  bad  terms  with  me,  and  had 
been  so  for  years.  That  it  was  to  the  unmistakable  business  interests 
of  two  of  the  said  accusers  Messrs.  Winthrop  Astor  Chanler  and  Lewis 
Stuyvesant  Chanler  that  I  should  be  disfranchised,  as  an  insane  person, 
of  my  property  as  well  as  of  my  liberty. 

That  having  had  a  sharp  altercation  with  Dr.  E.  F.  for  bring 
ing  Dr.  Moses  Allen  Starr  into  my  rooms  without  warning  or  per 
mission,  to  spy  on  me  in  company  with  himself  as  the  result  proved, 
which  altercation  was  the  basis  for  a  second  one  with  Dr.  Moses 


98 

Allen  Starr  on  the  general  topic  of  the  morality  of  the  Medical  pro 
fession:  in  the  discussion  of  which  topic  I  showed  such  unexpected 
knowledge  of  the  habits  of  many  members  of  the  Medical  profession 
that  Dr.  Moses  Allen  Starr,  after  vainly  endeavoring  to  discover  the 
source  of  my  information,  earnestly  requested  me  to  change  the  sub 
ject:  that  having  had,  as  I  say,  a  distinct  altercation  with  each  of 
the  said  doctors — who  later  were  metamorphosed  into  the  said  Medical 
Examiners  in  Lunacy — the  motive  of  the  said  followers  of  the  Healing 
Art,  in  wishing  to  see  their  late  antagonist  declared  a  maniac,  is  not 
far  to  seek.  I  might  say  that  I  have  not  the  faintest  tinge  of  prejudice 
against  surgeons  as  well  as  such  physicians  as  are  both  skillful  and 
honest  That  there  are  numbers  of  physicians  who  are  neither  one 
nor  the  other  it  has  been  my  fortune  to  discover.  The  proof  of  the 
above  lack  of  prejudice  against  physicians  is,  that  I  have  spent  money 
in  giving  aid  to  deserving  Medical  students  to  complete  their  education. 

The  motive  which  led  the  Honorable  Henry  A.  Gildersleere, 
Justice  of  the  Supreme  Court  of  the  State  of  New  York  to  overlook  the 
grave  discrepancy  displayed  in  the  Commitment  Papers  in  the  spec 
tacle  afforded  by  two  conflicting  sworn  statements  on  the  same  sub 
ject — namely,  the  sworn  statement  of  the  said  Petitioners  as  to  my 
home's  being  in  Virginia  followed  by  the  sworn  statement  of  the  said 
Medical  Examiners  in  Lunacy  as  to  my  home's  being  in  Hotel  Kensing 
ton,  New  York — the  motive  which  led  the  Honorable  Justice  to  permit 
the  said  spectacle  to  pass  unchallenged,  I  shall  leave  you  to  surmise. 
This  Institution  is  very  rich. 

The  motive  which  led  the  said  Honorable  Justice  to  dispense  with 
"personal  service"  on  a  merely  ex  parte  statement,  I  shall  leave  you  to 
surmise. 

The  motive  which  led  the  said  Honorable  Justice  to  omit  to  direct 
"substituted  service" — clearly  the  alternative,  when  personal  service  is 
dispensed  with,  as  implied  by  the  law  which  reads:  "the  judge  to 
whom  the  application  (for  Commitment  to  an  Insane  Asylum)  is  to 
be  made,  may  dispense  with  such  personal  service,  or  may  direct  sub- 
tituted  service  to  be  made  upon  some  person  to  be  designated  by  him." 
Cf.  printed  cover  of  the  Commitment  Papers  containing  the  said  law 
lines  53  to  55:  the  motive  which  led  the  said  Honorable  Justice  to 
the  above  omission  I  shall  leave  you  to  surmise. 

You  will  note,  on  studying  the  extracts  from  Chapter  545  of  the 
laws  of  1896 — given  on  the  cover  of  the  Commitment  Papers — the 
tortuousness  thereof.  For  instance  take  Section  62.  The  said  section 
contradicts  itself.  It  says  line  49  and  line  50:  "notice  of  such  applica 
tion  (for  Commitment  to  an  Insane  Asylum)  shall  be  served  person 
ally,  at  least  one  day  before  making  such  application  upon  the  person 
alleged  to  be  insane." 

That  is  no  more  than  fair — is  it?  Somebody  takes  it  into  his — 
or  her — head  or  pretends  to  take  the  notion  into  his — or  her — head, 


99 

for  certain  reasons,  that  you  are  crazy.  It  seems  fair  that  you  should  be 
allowed  to  confront  your  accuser — a  common  murderer  has  that  privi 
lege — and  be  heard  in  defence  to  his — or  her — allegations,  before  being 
summarily  arrested  like  a  malefactor,  as  I  have  been  and  put  behind 
bars  without  a  trial  for  an  indefinite  period,  perchance  for  life.  Well 
the  above  wholesome  specimen  of  boasted  Anglo-Saxon  justice,  law, 
freedom,  etc.,  is  at  once  wiped  out  and  rendered  utterly  nugatory  by 
what  follows  on  lines  53  to  55,  inclusive.  After  the  above  bold  bluff  at 
justice — after  saying  "notice  of  such  application  (for  Commitment  to 
an  Insane  Asylum)  shall  be  served  personally,  at  least  one  day  before 
making  such  application,  upon  the  person  alleged  to  be  insane"' — the 
law  dodges  justice  and  sneaks  out  at  the  following  carefully  prepared 
loophole  line  53  to  line  55,  inclusive:  'the  judge  to  whom  the  (said) 
application  is  to  be  made  may  dispense  with  such  personal  service." 
The  judge  has  it  all  his  own  way.  Get  at  the  right  judge  and  it's  plain 
sailing.  There  are  two  explanations  of  the  above  law.  One,  that  it  is 
the  outcome  of  manipulated  legislation  at  Albany  by  Corporations 
dealing  in  bogus  maniacs,  who  wish,  to  legislate  in  order  to  continue 
the  said  monopoly  in  maniacs,  which  the  laws  of  the  State  of  New 
York  at  present  foster  and  support. 

The  other  explanation,  for  the  above  iniquitous  law's  smirching 
the  Statute  Books  of  the  "Empire  State,"  is  that  it  is  the  product  of 
the  late  Republican  Legislature. 

In  other  words  a  citizen  of  the  State  of  New  York  can  be  con 
demned,  and  imprisoned  without  a  hearing.  All  that  is  required  to 
deprive  a  citizen  of  the  "Empire  State"  of  his  liberty,  is,  one  or  two 
false  witnesses,  two  dishonest  doctors,  and  a  judge  who  can  swallow 
conflicting  sworn  statements  without  a  qualm.  No  defence  is  allowed 
to  the  accused. 

This  is  truly  the  "Empire  State."  I  sometimes  wonder,  as  I 
look  through  the  bars  of  my  cell,  how  such  things  can  be,  outside  the 
Russian  Empire  State. 

Fortunately  for  myself,  however,  I  am  no  longer  a  citizen  of  the 
"Empire  State,"  but  am  and  have  been  since  1895  a  citizen  of  the 
Sovereign  State  of  Virginia;  which  title  to  sovereignty  I  propose  to 
see  Virginia  make  good  by  rescuing  me,  recapturing  me  as  it  were 
from  the  neighboring  and  supposedly  friendly  State  of  New  York,  by 
calling  on  the  arm  of  the  Federal  courts. 

An  interesting  question  this,  and  one  in  which,  it  may  be  shown, 
that  the  Doctrine  of  State's  Rights  rests  for  support  upon  Centraliza 
tion,  and  that  when  one  sovereign  State  steals  the  citizen  of  another 
sovereign  State,  and  thereby  the  money  accruing  from  his  personal 
taxes,  the  robbed  State  may  call  upon  the  common  residuary  of  all 
extraneous  sovereign  rights,  the  central  government,  to  demand  resti 
tution  from  the  robber  State. 

So  much  for  the  equity  surrounding  my  present  predicament. 
Now  let  us  glance  at  the  law.    You  will  readily  comprehend  with 


100 

what  meagre  means  towards  forming  an  opinion  I  am  at  present  sur 
rounded. 

The  sum  total  of  my  law  library  consists  of  the  Constitution  of 
the  United  States,  in  the  back  of  a  dictionary,  and  selections  from  * 
list  of  legal  maxims  in  the  same  book.  The  Constitution  of  the  United 
States  says  Article  III.  Section  2:  "The  judicial  power  (of  the  Federal 
Courts)  shall  extend  to  controversies  between  citizens  of  another  State 
to  controversies  between  citizens  of  different  States."  I  am  a  citizen 
of  Virginia.  Should  I  have  a  controversy  with  the  State  of  New 
York,  the  controversy  being  between  a  State  and  a  citizen  of  another 
State,  the  Federal  courts  could  alone  have  jurisdiction  over  the  contro 
versy. 

The  question  of  a  man's  sanity,  covering  as  it  does  his  liberty,  and 
his  property,  is  surely  a  controversy  of  the  first  importance. 

I  therefore — having  had  my  sanity  attacked  by  a  State  court  (the 
Supreme  Court  of  the  State  of  New  York),  have  a  controversy  with 
the  State  of  New  York.  Said  controversy  must  be  tried,  therefore,  in 
the  Federal  Courts. 

Furthermore,  I  have  had  my  sanity  attacked  by  Drs.  Moses  Allen 
Starr  and  E.  F.  They  being  citizens  of  the  State  of  New  York,  and 
I  being  a  citizen  of  Virginia  said  controversy  must  be  tried,  therefore, 
in  the  Federal  courts. 

Furthermore,  I  have  had  my  sanity  attacked  by  Messrs.  Winthrop 

Astor  Chanler,  Lewis  Stuyvesant  Chanler  and  .     I 

being  a  citizen  of  the  State  of  Virginia  and  they,  the  Messrs.  Winthrop 
Astor  Chanler  and   Lewis  Stuyvesant  Chanler   being  citizens    of  the 

State  of  New  York,  and  being  a  citizen  of  the 

State  of  Massachusetts,  said  controversy  must  be  tried,  therefore,  in 
the  Federal  courts. 

Furthermore,  I  have  been  restrained  of  my  liberty  by  "The  Society 
of  The  New  York  Hospital,"  the  legal  title  of  the  corporation  which 
owns  the  Asylum  in  which  I  am  at  present  confined. 

The  said  corporation  being  a  New  York  concern,  and  I  being  a 
citizen  of  Virginia  said  controversy  must  be  tried,  therefore,  in  the 
Federal  courts. 

The  above  actions  are  for  the  future.  For  the  present  all  I  ask 
is  liberty. 

It  is  not  necessary  for  me  to  tell  you  how  to  proceed  to  attain 
that  end.  I  will  only  caution  you  in  closing  not  to  write  or  telegraph 
me,  or  mention  me  to  a  living  soul,  save  Senator  Daniel  (to  whom 
of  course  you  will  show  this  letter)  anything  connected  with  me  or 
my  whereabouts.  It  has  been  given  out  by  certain  interested  parties 
that  I  am  in  Europe  (I  find  that  that  is  the  stock  term  used  when  a 
man  is  sent  here).  Let  it  be  so  considered  as  long  as  possible. 

Speed  is  essential,  for  I  have  been  given  to  understand,  that,  when 
my  unknown  term  of  imprisonment  here  is  ended,  I  am  to  be  shipped 
to  Europe.  As  to  what  point  I  was  not  informed;  most  probably  to 


101 

an  English  private  Insane  Asylum.  That  would  probably  do  the  busi 
ness  for  me,  as  there  they  are  even  more  brutal  in  their  treatment  of 
patients  than  here. 

Above  all  I  warn  you  and  Senator  Daniel  to  be  on  your  guard 
against  all  the  doctors  here.  For  they  are  all  of  them  as  smooth 
spoken  and  deceptive  in  their  manner  as  any  set  of  confidence  men 
you  ever  encountered. 

The  name  of  the  Superintendent  is  Dr.  Samuel  B.  Lyon,  the 
Asylum  is  commonly  called  "Bloomingdale"  but  that  is  merely  a 
fancy  name.  Its  legal  title  is  "The  Society  of  The  New  York  Hospital," 
a  private  corporation  having  its  offices  and  Hospital  on  15th  St.,  a  few 
doors  west  of  Fifth  Avenue,  New  York. 

As  you  may  gather  from  my  letter  I  mean  war. 

No  compromise  with  any  man,  or  institution,  which  has  been  in 
the  remotest  degree  connected  with  this  rascally  conspiracy. 

Listen  to  nobody  who1  endorses  what  has  been  done. 

The  more  friendship  such  a  man  professes  for  me,  the  more  pro 
found  should  be  your  distrust  for  him. 

The  manner  of  proceeding  to  procure  the  writ  of  habeas  corpus  I 
leave  entirely  in  Senator  Daniel's  and  your  hands. 

Speed  and  secrecy  are  the  watch-words.  The  moment  it  leaked 
out  that  any  effort  was  being  made  for  my  release,  that  moment  would 
probably  end  my  imprisonment  here  and  begin  it  in  a  closed  carriage, 
on  my  way  by  night,  bound  and  gagged  to  Long  Island  Sound — eight 
miles  off — where  a  private  tug  boat  would  convey  me  to  an  ocean 
Steamer  at  New  York,  or  a  sailing  vessel  bound  around  "the  Horn." 
I  can  assure  you  that  outlawed  as  I  am,  my  position  is  one  of  con 
siderable  uncertainty — not  to  say  danger. 

It  is  unnecessary  for  me  to  say  that  nothing  but  the  most  unex 
pected  and  dire  necessity  could  induce  me  to  go  before  a  sheriff's  jury, 
the  usual  manner  in  the  State  of  New  York  of  carrying  out  a  habeas 
corpus  proceedings  for  a  man  who  has  been  declared  insane  by  a  judge. 
I  object  to  this  for  three  reasons. 

First:  Because  it  is  not  the  right  way  to  go  about  it.  I  am  not 
a  citizen  of  the  State  of  New  York  and  therefore  the  sheriff's  jury 
does  not  apply  to  my  case. 

Second:  Because  I  do  not  desire  the  notoriety  consequent  thereon. 

Third:  Because  my  family  are  most  anxious  that  I  should  go  be 
fore  a  sheriff's  jury,  in  the  desperate  hope  that  the  said  jury  would 
believe  what  they,  and  the  doctors  said  about  me.  In  which  case  the 
jury  would  pronounce  me  insane,  and  hand  me  over  to  the  custody  of 
my  family,  who  could  then  apply  for  and  receive  into  their  hands  my 
property  and  the  management  thereof  under  the  name  of  a  commission. 
The  above  line  of  action  (going  before  the  sheriff's  jury)  has 
already  been  suggested  to  me  by  an  emissary  of  my  family,  who  told 
me  that  that  was  the  only  way  for  me  to  get  out — hoping  thereby 
that  I  would  choose  it. 


102 

The  best  way,  it  seems  to  me,  would  be  to  have  Senator  Daniel 
and  yourself  go  before  the  Attorney  General  in  Washington,  and  have 
him  issue  an  order  to  the  United  States  District  Attorney  in  New 
York  City,  to  go  before  a  Federal  judge  in  New  York  City  with  Senator 
Daniel  and  yourself,  and  procure  from  said  Federal  judge  a  writ  of 
habeas  corpus,  on  the  double  ground  that  I  am  not  insane — show  por 
tions  of  this  letter  to  the  judge  as  proof  of  my  sanity,  on  the  maxim 
"To  write  is  to  act,"  if  I  write  sanely  I  act  sanely —  and  that  if  I 
were  insane  the  actions  should  have  been  begun  in  a  Federal  and  not 
in  a  State  court,  owing  to  my  being  a  citizen  of  Virginia,  and  not  of 
New  York,  and  that  my  Commitment  by  a  State  Court  is  therefore 
illegal  and  must  be  set  aside. 

I  merely  mention  this,  with  the  full  knowledge  of  its  being — owing 
to  the  circumstances — a  horse-back  opinion. 

I  don't  dwell  on  the  irregularity  of  the  commitment — the  conflict 
ing  sworn  statements — the  suggestions  of  fraud — the  fact  that  the 
name  of  the  institution,  in  which  I  am,  is  therein  given  as  "Blooming- 
dale  Asylum,"  whereas  the  Commitment  Papers  distinctly  state  under 
it,  on  line  156:  "it  is  essential  that  the  official  title  of  the  institution 
should  be  correctly  inserted,"  and  whereas  the  official  title  of  said  in 
stitution  is  not  "Bloomingdale  Asylum,"  but  "The  Society  of  The  New 
York  Hospital."  The  same  irregularity  is  repeated  on  the  cover  of 
the  Commitment  Papers,  where  the  title  of  the  said  institution  is 
again  given  as  "Bloomingdale  Asylum."  These,  with  the  rest  of  the 
legal  aspects  of  the  case,  I  leave  entirely  in  Senator  Daniel's  and  your 
experienced  hands. 

If  necessary,  let  a  Federal  judge  examine  into  my  sanity  for  a 
change.  Examination  at  the  hands  of  a  distinguished  and  honest  man 
is  the  last  thing  that  I  would  avoid. 

If  necessary,  let  us  begin  de  novo,  only  in  a  legal,  equitable,  and 
honest  manner.  No  more  dishonest  doctors,  no  more  Star  Chamber 
judges,  no  more  summary  arrests.  We  are  not  in  Cuba  nor,  as!  yet, 
in  the  State  of  New  York  does  martial  law  prevail. 

As  I  am  allowed  no  money — I  haven't  seen  a  dollar  bill  in 
months — and  as  I  am  not  allowed  to  communicate  with  my  New  York 
office,  I  am  unable  to  send  you  and  Senator  Daniel  cheques  for  re 
tainers  and  disbursements.  So  I  must  ask  you  to  explain  the  situation 
to  the  Senator  and  tell  him  that  I  must  ask  him  to  charge  all  travel 
ing  expenses  and  disbursements  to  my  account  until  I  am  liberated. 

The  same  I  request  of  you.  I  hope  before  many  days  to  see  Sena 
tor  Daniel  and  yourself  enter  the  door  of  my  cell,  accompanied  by  an 
officer  bearing  a  writ  of  habeas  corpus  from  a  Federal  court. 

Faithfully  yours, 

JOHN  ARMSTRONG  CHALONER. 

P.  S. — Please  bring  this  letter  with  you  as  a  resume  of  my  case. 

J.  A.  C. 


103 


State  of  Virginia, 
County  of  Albemarle, 


I,  Micajah  Woods,  Commonwealth's  Attorney  for  Albemarle  County, 
Virginia,  being  duly  sworn  depose  and  say  that  I  received  the  appended 
letter  addressed  to  me,  under  date  July  3,  1897,  in  October,  1897,  that 
the  said  letter  is  in  the  handwriting  of  John  Armstrong  Chaloner  and 
signed  by  John  Armstrong  Chaloner. 

MICAJAH  WOODS. 
Sworn  to  before  me  this  12th  day  of  July,  1905. 

JOHN  W.  FISHBTJRNE, 

Notary  Public  for  the  County  of  Albemarle,  in  the  State  of  Virginia. 
John  W.  Fishburne,  Notary  Public, 

Albemarle  County,  Virginia. 
My  term  of  office  expires  September  19th,  1906. 


County  of  Albemarle, 
State  of  Virginia, 
to  wit: 

I,  W.  L.  Maupin,  Clerk  of  the  Circuit  Court  of  the  County  of  Albe- 
raarle  in  the  'State  of  Virginia,  the  same  being  a  Court  of  Record,  do 
certify  that  John  W.  Fishburne,  whose  genuine  signature  is  affixed 
t<j  the  foregoing  and  annexed  certificate  was  at  the  time  of  signing  the 
same  a  Notary  Public  in  and  for  the  County  and  State  aforesaid  duly 
commissioned  and  qualified  according  to  law  and  authorized  to  take 
proof  and  acknowledgment  of  Deeds  and  other  instruments  of  writing. 

In  Witness  Whereof,  I  have  hereunto  set  my  hand  and  affixed  the 
seal  of  said  Court  this  12th  day  of  July,  1905. 

W.  L.  MAUPIN, 

Clerk. 

(Seal  of  Virginia.) 

His  commission  expires  19th  day  of  Sept.,  1906. 


"FOUR  YEARS  BEHIND  THE  BARS  OF  BLOOMINGDALE." 

PAGE  36. 

Upon  plaintiff's  arrest  and  incarceration  upon  the  said  false  charge 
of  lunacy  March  13,  1897,  in  The  Society  of  The  New  York  Hospital, 
falsely  called  "Bloomingdale,"  at  White  Plains,  Westchester  county, 
New  York,  plaintiff  at  once  attempted  to  procure  counsel  for  his  trial 
in  open  court.  In  all  said  attempts  plaintiff  was  foiled  from  the  fact 


104 

that  he  was  a  prisoner  under  the  strictest  surveillance.  Finally,  on 
or  about  the  13th  of  October,  1897,  plaintiff  did  manage  to  get  a  letter 
out  without  the  knowledge  of  the  hospital  authorities.  Said  letter 
was  to  a  lawyer  in  Virginia  requesting  him  to  employ  another  lawyer 
and  together  to  institute  habeas  corpus  proceedings  for  plaintiff's 
release.  For  the  reason  that  on  the  old  adage,  "give  a  dog  a  bad  name 
and  hang  him,"  said  lawyer  was  like  all  other  lawyers  whom  plaintiff 
wrote  to  from  White  Plains  with  the  said  view.  Said  lawyer  felt 
doubtful  about  taking  the  case  of  a  man  declared  insane  by  relatives. 
The  consequence  was  that  said  lawyer  did  nothing  in  said  matter 
beyond  writing  plaintiff  a  very  friendly  letter  by  the  same  party  who 
had  conveyed  plaintiff's  said  letter  to  said  lawyer.  Plaintiff  therefore 
resigned  himself  to  an  apparently  desperate  situation,  waiting  for 
something  of  which  he  might  avail  himself  to  turn  up.  Plaintiff  thus 
waited  for  nearly  two  years  from  the  time  he  wrote  said  letter,  which 
was  on  July  3,  1897,  for  he  had  to  wait  from  July  to  October  for  an 
opportunity  to  get  said  letter  out  without  the  knowledge  of  the  hos 
pital  authorities.  In  the  early  summer  of  1899  plaintiff  put  in  a 
request  to  the  Superintendent  of  The  Society  of  The  New  York  Hos 
pital,  at  White  Plains,  for  permission  to  walk  outside  of  the  asylum 
grounds  unaccompanied  by  a  keeper  as  heretofore.  Plaintiff's  conduct 
had,  during  the  more  than  two  years  of  his  stay  at  White  Plains,  been 
so  exemplary  and  docile  that  the  said  Superintendent  granted  plain 
tiff's  said  request.  At  this  time  plaintiff  was  suffering  from  a  nervous 
affection  of  the  spine,  brought  on  by  the  fearful  nervous  strain 
of  his  surroundings  reinforced  by  the  fearful,  nervous  strain  of 
waiting,  without  hope  of  help  from  without,  in  a  mad-house  cell  for 
over  two  years.  Plaintiff  had  been  confined  to  his  bed  by  said  com 
plaint  for  weeks  at  a  time.  Upon  receiving  permission  to  walk  out 
alone  plaintiff  attempted  to  do  so,  but  after  a  few  such  attempts  his 
said  nervous  affection  of  the  spine  returned  with  increased  force, 
which  again  put  plaintiff  upon  his  back.  There  plaintiff  remained 
for  some  months.  At  the  end  of  said  time  plaintiff  once  more  resumed 
his  said  walks.  Plaintiff  was  very  careful  not  to  overexert  himself  in 
his  precarious  condition  of  health,  and  for  some  months  limited  his 
walks  to  a  little  over  a  mile  per  day.  Gradually  plaintiff's  health  im 
proved,  and  gradually  he  extended  the  distance  of  his  daily  walks,  until 
by  January,  1900,  plaintiff  was  able  without  fatigue  to  do  twelve  miles 
on  foot  in  three  hours.  Plaintiff  thereupon  prepared  to  carry  out  a 
plan  he  had  had  in  mind  when  he  put  in  his  said  application  for  permis 
sion  to  walk  out  alone.  Said  plan  was  to  choose  a  post  office  as  far 
away  from  White  Plains  as  possible,  but  not  too  far  to  admit  of  his 
walking  there  and  back  inside  of  three  hours.  Plaintiff  selected  a 
post  office  six  miles  off,  and  also  at  the  same  time  selected  an  alias, 
under  which  to  receive  his  mail  without  a  probability  of  any  of  the 
said  hospital  peoples'  finding  out  that  plaintiff  was  breaking  one  of 
the  most  rigidly  enforced  rules  of  said  asylum,  to-wit,  that  no  letters, 


105 

telegrams,  or  telephone  messages  may  go  out  without  having  been  first 
read  and  approved  by  the  said  hospital  authorities.  In  January,  1900, 
plaintiff  wrote  to  the  said  Virginia  lawyer,  explaining  the  situation 
and  that  all  replies  should  be  addressed  to  plaintiff  under  said  alias 
at  said  post  office.  To  said  letter  plaintiff  got  no  reply.  Plaintiff 
waited  until  the  latter  part  of  February,  1900,  when  he  again  wrote 
to  said  Virginia  lawyer.  To  said  letter  said  lawyer  replied  under  date 
of  March  20,  1900,  in  a  most  friendly  manner,  saying,  among  other 
things.  "It  is  certain  that  some  prominent  friend  of  yours  in  New 
York  could  serve  you  more  efficiently  than  I  could,  as  I  am  a  stranger 
to  the  people  there  and  not  familiar  with  the  New  York  procedure  in 

such  cases.  I  would  suggest  that  you  communicate  with ; 

he  is  an  old  friend  of  yours,  on  the  ground,  and  familiar  with  the 
influences  that  would  have  to  be  exercised  to  restore  you  to  liberty, 
and  the  exercise  of  your  rights." 

To  said  letter  plaintiff  replied  under  date  of  March  26,  1900,  of 
which  the  following  is  an  excerpt,  to-wit.  "Yours  of  March  20th  to 
hand.  I  am  very  much  obliged  to  you  for  replying  to  my  previous 
note  so  promptly.  I  fully  comprehend  the  difficulties  surrounding  your 
position.  The  gentleman  you  suggested  that  I  should  employ  in  my 
case  is  unavailable.  I  have,  however,  other  lawyers  in  view.  I  had 
just  written  one  of  them  in  relation  to  my  case  and  made  an  appoint 
ment  for  our  meeting  secretly.  You  will  readily  understand  the  im 
portance  to  me,  and  my  case,  of  my  letter  to  you  dated  July  3,  1897, 
and  its  enclosures,  to-wit:  a  certified  copy  of  my  Commitment  Papers, 

arid  a  page  from I  have  a  rough  pencil  copy  of  said 

letter,  but  it  is  not  in  shape  for  ready  reference  or  easy  legible  read 
ing.  As  this  letter  contains  a  complete  and  exhaustive  history  of  my 
case,  written  when  the  events  were  fresh  in  my  mind  you  will  easily 
see  its  importance  to  me  in  giving  a  complete  succinct  recital  of  the 
events  which  led  to  my  arrest,  and  what  followed,  to  my  lawyers.  I 
therefore  enclose  a  special  delivery  stamp,  which  is  almost  as  sure  as 
a  register  stamp,  to  ensure  the  safe  arrival  of  the  aforesaid  documents, 
which  are  of  vital  importance  to  myself." 

To  said  letter  said  lawyer  replied  under  date  of  March  30,  1900: 
"My  Dear  Friend, — Yours  received.  I  have  mailed  to  you  this  morn 
ing  the  documents  you  wished.  The  paper  you  wrote  is  clear,  strong, 
and  logical,  and  would  be  of  immense  service  to  your  friends  and 
attorneys  in  New  York.  I  do  earnestly  hope  your  efforts  to  secure 
relief  will  be  successful.  You  must  let  me  know  the  progress  you 
make  in  this  line,  and  advise  me  of  the  name  or  names  of  your  New 
York  attorneys  and  at  the  proper  time,  if  I  can  possibly  leave  here,  I 
will  go  on  and  confer  and  co-operate  with  them." 

This  was  the  last  plaintiff  heard  from  said  Virginia  lawyer.  The 
latter  part  of  March,  1900,  plaintiff  wrote  to  a  New  York  City  lawyer 
proposing  to  engage  him  in  plaintiff's  case  in  co-operation  with  a 
second  New  York  lawyer  of  great  prominence.  Plaintiff  also  enclosed 


106 

in  his  letter  to  said  first  New  York  lawyer  plaintiff's  long  letter  to 
said  Virginia  lawyer  (dated  July  3,  1897),  and  the  certified  copy  of 
the  Commitment  Papers.  Said  first  New  York  lawyer  replied  to 
plaintiff's  said  letter  as  follows,  under  date  of  April  7,  1900:  "Long 
letter  and  papers  received.  The  matter  is  receiving  attention,  and  I 
will  let  you  hear  from  me  as  soon  as  possible." 

Plaintiff  waited  until  May  12,  1900,  without  hearing  anything 
further  from  said  first  New  York  lawyer.  On  that  date  plaintiff  wrote 
a  polite  note  to  said  first  New  York  lawyer  to  the  effect  that,  if  for 
any  reason,  said  second  New  York  lawyer  was  unable  or  unwilling  to 
co-operate  with  said  first  New  York  lawyer  on  plaintiff's  case,  that  in 
that  event  said  first  New  York  lawyer  was  to  g.et  the  "long  letter  and 
papers"  from  said  second  New  York  lawyer  and  offer  the  case  to  a 
third  prominent  New  York  lawyer.  To  said  letter  said  first  New 
York  lawyer  replied  under  date  of  May  14,  1900,  as  follows,  to-wit: 
"Yours  of  May  12  just  received,  and  I  must  apologize  for  keeping  you 
in  suspense,  but  for  the  past  week  I  have  been  under  the  weather  and 
have  been  unable  to  attend  to  anything.  But  your  affairs  have  not 
been  forgotten,  and  I  am  doing  exactly  what  you  asked  me  to  do.  I 

have  had  a  long  talk  with (said  second  New  York  lawyer) 

and  he  now  has  your  papers,  and  has  had  them  for  some  time.  He  is 
a  very  busy  man,  and  he  promised  me  he  would  give  this  matter  his 
most  careful  attention.  I  will  do  my  best  to  have  an  interview  with 
him  this  week,  and  will  write  you  immediately." 

This  said  note  was  the  last  plaintiff  ever  got  from  said  first  New 
York  lawyer.  After  waiting  in  vain  till  the  latter  part  of  May,  1900, 
to  hear  from  said  first  New  York  lawyer  plaintiff  wrote  on  May  24, 
1900,  to  an  old  friend  of  plaintiff's,  and  also  a  friend  of  said  second 
New  York  lawyer.  It  was  in  fact,  said  friend  who,  years  previous, 
had  introduced  plaintiff  to  said  second  New  York  lawyer  at  the  club. 
Plaintiff  only  met  said  second  New  York  lawyer  on  this  occasion.  In 
plaintiff's  said  note  to  said  friend  of  May  24,  1900,  plaintiff  proposed 
to  said  friend  to  call  on  said  second  New  York  lawyer,  and  use  his 
good  offices  to  get  said  second  New  York  lawyer  to  bring  plaintiff's 
case  to  court  as  quickly  as  possible.  Plaintiff  was  under  the  impres 
sion  at  that  time  that  said  second  New  York  lawyer  was  at  work 
upon  his  (plaintiffs)  case.  Since  said  friend  would  be  in  a  position 
to  assure  himself  on  that  matter,  one  way  or  the  other,  plaintiff  in 
writing  to  said  friend,  May  24,  1900,  spoke  of  said  second  New  York 
lawyer's  having  taken  his  case  as  an  accomplished  fact.  The  follow 
ing  note  is  said  friend's  reply  to  plaintiffs  aforesaid  note,  to-wit:  "New 
York,  May  30,  1900.  Your  esteemed  favor  of  the  24th  ult.  was  duly  re 
ceived.  I  cheerfully  accept  your  proposition  and  shall  devote  myself  to 
its  fulfillment  as  shall  best  be  deemed  advisable  from  time  to  time,  as 
events  may  be  developed.  Nothing  can  be  accomplished  by  undue 
haste — everything  by  patience  and  serenity.  Those  with  whom  I  am 
to  confer  and  advise  are  fully  alive  to  the  situation,  rest  confident 


upon  that.  I  have  never  failed  you  heretofore,  and  shall  not  now. 
Be  of  good  cheer,  and  believe  nothing  will  be  neglected  toward  the 
end  in  view."  Plaintiff  naturally  inferred  from  the  said  note  that 
said  friend  had  seen  said  second  New  York  lawyer,  and  that  said 
second  New  York  lawyer  was  diligently  at  work  upon  plaintiff's  case. 
Weeks  rolled  by  and  no  word  came  either  from  said  second  New 
York  lawyer  or  said  friend.  Plaintiff  then  wrote  direct  to  said  second 
New  York  lawyer  a  brief  and  polite  note  asking  point  blank,  but 
politely,  whether  or  not  said  second  New  York  lawyer  was  engaged 
upon  plaintiff's  case.  To  this  note  said  second  New  York  lawyer  made 
no  reply  whatever.  Plaintiff  has  since  learned,  upon  incontrovertible 
evidence,  that  said  note  from  plaintiff  was  duly  received  by  said  second 
New  York  lawyer,  however.  Plaintiff  did  not  write  again  to  said 
second  New  York  lawyer,  nor  did  plaintiff  think  it  worth  while  to 
notify  said  friend  of  plaintiff's  of  said  note  to  said  second  New  York 
lawyer.  By  the  middle  of  October,  1900,  plaintiff's  patience  began  to 
wear.  Said  second  New  York  lawyer  kept  silent.  But  since  plaintiff 
had  said  friend  on  guard,  so  to  speak,  watching  said  second  New 
York  lawyer,  plaintiff,  who  had  perfect  faith  in  the  friendship  for 
himself  on  the  part  of  said  friend  felt  sure  that,  strange  as  said 
second  New  York  lawyer's  silence  seemed,  there  was  some  good  reason 
for  it.  But,  as  has  been  said,  plaintiff's  patience  began  to  wane  to 
wards  the  end  of  October,  1900.  Plaintiff  thereupon  wrote  to  said 
friend  and  asked  him  point  blank  whether  or  not  he  knew  whether 
or  not  said  second  New  York  lawyer  had  taken  plaintiff's  case.  The 
following  extract  from  said  friend's  reply  lifted  a  veil  from  plaintiffs 
eyes.  The  said  extract  is  all  of  said  friend's  said  note,  which  is 
relevant.  Said  extract,  to-wit:  "New  York,  Oct.  2:0,  1900.  I  do  not 

know  for  a  fact  whether (said  second  New  York  lawyer) 

has,  or  has  not,  undertaken  your  case.  I  had  concluded  from  your 
letter  that  he  had,  and  in  my  conversations  with  him  since  that  time 
looked  upon  him  as  your  counsel.  For  weeks  I  have  not  seen  that 
gentleman,  and  all  efforts  to  have  a  talk  with  him  in  your  behalf 
have  been  fruitless  and  of  no  avail."  Plaintiff  thereupon  wrote  to  said 
friend  for  further  information,  said  friend's  reply  to  which  contains 
the  following  extract,  to-wit:  "New  York,  Wednesday,  Oct.  31,  1900. 
Again  I  have  to  report  that  I  have  not  seen  or  heard  from  our  friend 
(said  second  New  York  lawyer).  It  seems  incredible  to  me.  You 
are  sure,  are  you,  that  you  have  not  written  anything  he  might  have 
taken  exception  to?  On  that,  I  take  it,  he  is  punctilious  to  a  degree. 
But  this  is  all  at  random,  and  as  though  in  a  fog."  Thereupon  plaintiff 
wrote  said  friend  informing  him  of  plaintiff's  note  to  said  second 
New  York  lawyer,  before  referred  to,  asking  said  second  New  York 
lawyer  point  blank,  but  politely,  if  said  second  New  York  lawyer  had 
taken  plaintiff's  case  or  not.  Plaintiff  further  asked  said  friend  if 
said  second  New  York  lawyer  had  ever  mentioned  said  note  to  him. 
To  this  question  the  following  is  an  extract  from  said  friend's  reply, 


108 

to-wit:  "New  York,  November  4,  1900.  At  no  time  did  the  distin 
guished  counsel  (said  second  New  York  lawyer)  ever  say,  or  intimate, 
he  had  received  a  letter  from  you.  The  query  was  wholly  mine,  reach 
ing  out  through  a  maze  of  ignorance  to  arrive  at  a  conclusion."  Plain 
tiff  received  one  or  two  more  notes  from  said  friend,  all  showing  said 
friend's  inability  to  reach  or  hear  from  said  second  New  York  lawyer. 
Plaintiff  was  more  than  ever  convinced  of  the  truth  of  the  said 
adage,  "Give  a  dog  a  bad  name  and  hang  him."  However,  plaintiff 
decided  to  make  one  last  effort  at  getting  counsel  from  New  York, 
failing  which  he  determined  to  escape.  Plaintiff  therefore  wrote  to  a 
third  New  York  lawyer,  whom  he  had  known  intimately  in  the  past, 
asking  said  third  New  York  lawyer  to  meet  him  at  a  point  sufficiently 
distant  from  White  Plains  to  insure  said  conference  being  free  from 
interruption.  Said  third  New  York  lawyer  promptly  responded  and 
said  conference  took  place.  Said  third  New  York  lawyer  was  as 
friendly  as  possible;  but  the  upshot  of  it  was  that  said  third  New 
York  lawyer  proved  to  be  about  as  averse  as  had  the  other  New  York 
lawyers  shown  themselves  to  be  to  taking  plaintiff's  case.  Plaintiff 
thereupon  decided  to  escape  next  day,  and,  after  borrowing  ten  dollars 
from  said  third  New  York  lawyer,  did  so. 


PRESS  STATEMENT. 

by 
PLAINTIFF'S  ATTORNEYS,  SEPT.  20,  1901. 

The  appearance  at  Louisa  Court  House,  Virginia,  to-day  of  at 
torneys  in  a  civil  proceeding  in  behalf  of  Mr.  John  Armstrong  Chal- 
oner,  with  reference  to  certain  property  in  that  County  in  which  he  is 
interested,  being  likely  to  revive  or  to  originate  sensational  newspaper 
stories  about  him,  his  attorneys,  who  are  Senator  Daniel  and  his  law 
partner,  Mr.  Frederick  W.  Harper,  of  Lynchburg,  (Virginia),  Hon. 
Mica  jab.  Woods,  Commonwealth's  Attorney  for  Albemarle  County,  of 
Charlottesville  (Virginia),  Hon.  Armistead  C.  Gordon,  City  Attorney, 
of  Staunton  (Virginia),  and  Hon.  Augustus  VanWyck,  of  New  York, 
have  deemed  it  advisable,  with  Mr.  Chaloner's  approval,  to  give  to 
the  press  the  following  statement: — 

On  the  13th  day  of  March,  1897,  Mr.  Chaloner,  then  a  citizen  of 
Albemarle  County,  Virginia,  visiting  in  New  York  City,  was  committed 
to  "Bloomingdale  Asylum"  at  White  Plains,  N.  Y.,  on  an  order  of  a 
judge  of  the  Supreme  Court  of  New  York.  On  Thanksgiving  Eve  1900, 
after  numerous  fruitless  efforts  to  secure  legal  counsel,  having  man 
aged  to  borrow  from  a  friend  a  few  dollars,  he  escaped  from  the 
Asylum,  and  went  to  Philadelphia.  There,  under  the  guise  of  an 
attorney  representing  a  client,  he  submitted  his  case  to  a  distinguished 


109 

neurologist,  and  upon  the  latter's  expressions  of  willingness  to  assume 
charge  of  his  alleged  client,  disclosed  his  identity.  In  older  to  afford 
the  neurologist  ample  time  and  opportunity  for  observation,  Mr.  Chal- 
oner,  of  his  own  motion  and  without  compulsion,  repaired  to  a  private 
sanitarium  in  Philadelphia,  under  the  charge  of  this  doctor,  and  re 
mained  under  his  personal  supervision  there  for  six  months.  During 
this  time  a  number  of  eminent  alienists,  neurologists  and  psychologists 
were  called  in  consultation  and  the  records  of  the  proceedings  in 
Louisa  County  disclose  the  unanimous  opinion  of  all  these  experts  as 
to  Mr.  Chaloner's  sanity. 

Later,  having  placed  himself  in  touch  with  his  counsel  by  corres 
pondence,  he  came  to  Virginia  and  lived  at  Lynchburg  up  to  a  short 
time  ago,  when  he  returned  to  his  home  County  of  Albemarle  where 
he  now  is,  and  where  proceedings  have  been  instituted  under  the  Vir 
ginia  statutes  to  demonstrate  before  a  Court  of  competent  jurisdiction, 
and  in  an  affirmative  manner,  his  entire  sanity. 

Mr.  Chaloner,  who  since  his  escape  from  "Bloomingdale"  has  been 
believed  by  many  persons  to  be  dead,  [See  Police  description  of  plain 
tiff,  Page  87]  and  by  many  others  to  be  living  abroad,  is  the  picture  of 
vigorous  physical  health;  while  his  sound  mentality  is  vouched  for  by 
such  eminent  scientists  as  Dr.  William  James,  Professor  of  Psychology 
at  Harvard  University,  Dr.  H.  C.  Wood,  Professor  of  Nervous  Diseases 
in  the  University  of  Pennsylvania;  Professor  Joseph  Jastrow,  head 
of  the  Psychological  Department  of  the  University  of  Wisconsin  and 
President  of  the  American  Psychological  Association;  and  by  other 
prominent  alienists  and  neurologists. 

Mr.  Chaloner's  commitment  and  confinement  in  New  York  grew 
out  of  his  necessary  seclusion  of  himself  for  a  long  period  of  time  in 
the  study  of  Experimental  Psychology,  a  field  of  science  that  has  re 
ceived  a  tremendous  impulse  of  development  in  the  past  few  years,  and 
in  which  those  who  are  competent  to  judge,  award  Mr.  Chaloner  the 
encomium  of  having  made  a  very  interesting;  discovery.  In  a  book 
ho  is  about  to  publish  entitled,  "The  X-Faculty — A  Short  Study  in 
Advanced  Experimental  Psychology,"  his  scientific  investigations  are 
fully  set  forth. 

It  will  doubtless  please  the  many  friends  of  Mr.  Chaloner  in  Vir 
ginia  and  elsewhere  to  know  of  his  sound  condition  of  mind  and  body, 
which  is  vouched  for,  as  disclosed  to  them  by  personal  contact  and 
through  frequent  correspondence  during  recent  months,  by  all  of  his 
counsel, 

(Signed)        DANIEL  &  HARPER, 
MICAJAH  WOODS, 
ARMISTEAD  C.  GORDON, 

Attorneys. 


110 

THE   OHANIiER-FAMIL,Y  LETTERS. 

We  shall  lastly  introduce  five  letters  corroborative  of  plaintiff's 
statement  in  said  letter  to  said  Micajah  Woods  under  date  July  3,  1897. 
to  the  effect  that  there  had  been  bad  blood  between  plaintiff  and  plain 
tiff's  said  family  (brothers  and  sisters)  for  years,  and  that  the  line 
of  demarcation  had  been  drawn  in  1888,  etc.  etc. 

"Rokeby," 

Barrytown,  N.  Y.,  June  23rd,  1888. 
(To  John  Armstrong  Chaloner.) 

Dearest  Brog: — Many  thanks  for  your  delightful  letter  flowing 
with  metaphorical  milk  and  honey. 

I  am  so  glad  you  are  so  happy,  dear  old  boy,  and  that  you  find 
the  dreadful  marriage  state  not  such  a  bugbear  after  all.  I  congratu 
late  you  with  all  my  heart  on  your  winning  such  a  fair  and  noble 
prize  in  the  life  race,  seeing  how  richly  you  deserve  all  happiness 
that  may  come  to  you.  Now  I  am  going  to  speak  quite  frankly  about 
a  matter  which  has  been  exercising  us  all  a  good  deal,  and  whose 
nature  you  seem  entirely  unconscious  of.  Far  be  it  from  me  to  throw 
the  slightest  cloud  across  your  sunshine,  though  in  the  present  state 
of  the  thermometer  a  cloud  would  be  rather  a  grateful  change  for  the 
heat  is  oppressive,  but  I  don't  think  you  realize  in  the  least  how 
very  keenly  we  all  felt  your  treating  us  as  if  we  were  mere  outsiders 
to  be  classed  with  reporters  and  other  noxious  aand  inquisitive  bipeds. 

The  news  of  your  marriage  was  known  to  hundreds  of  people 
before  it  reached  us.  Aunt  Caroline  Astor  was  here  on  Thursday 
afternoon  and  said:  "Well  I  hear  Archie  is  being  married" — We 
naturally  poohpoohed  the  thing  as  a  newspaper  story.  The  next  day 
the  "Herald,"  "Times"  etc.,  confirmed  the  fait  accompli,  not  until 
Monday  did  we  get  any  news  from  Virginia  and  in  the  meantime,  as 
it  happened,  we  had  a  stream  of  visitors  who  could  none  of  tiiein 
fail  to  be  surprised  at  our  being  left  so  totally  in  the  dark. 

Naturally  we  felt  very  much  hurt  at  such  neglect,  poor  Alida  has 
cried  her  eyes  out  several  times  feeling  that  you  do  not  care  for  her, 
the  boys  are  all  vexed  and  affronted.  Wintie  and  I  try  to  make  the 
best  of  the  matter,  but  for  several  days  we  could  not  trust  ourselves 
to  speak  of  it.  Your  announcement  that  you  will  stay  in  Virginia  all 
summer,  read  aloud  at  table  last  night  reopened  the  wound,  poor 
Bunch's  tears  rolled  down  her  cheeks  into  her  strawberries.  I  think 
you  ought  to  try  to  come  up  for  a  week  at  least,  before  the  girls  sail. 
I  assure  you  the  thing;  is  worth  the  sacrifice.  The  world  which  you 
seem  to  care  about  a  good  deal — as  who  does  not — has  got  hold  of 
the  idea  that  your  family  is  not  overpleased  with  your  marriage, 
nothing  as  you  know  could  be  falser  than  this,  but  it  is  you  who  have 
given  it  this  impression,  it  rests  with  you  to  efface  it.  You  know 


Ill 

without  any  telling  you  how  warm  your  welcome  would  be  here  and 
I  think  you  owe  it  to  yourselves  as  well  as  to  us,  to  let  us  see  you 
here. 

Think  it  over  well,  remember  how  much  weight  and  stress  you 
always  lay  on  duties  to  your  family.  I  say  no  more,  fearing  you  take 
me  already  for  a  tiresome  old  lecturer.  Please  understand  that  I 
write  because  I  think  it  is  best  you  should  know  how  the  land  lies 
about  Rokeby,  and  show  you  how  you  may  make  a  difference,  I  won't 
say  for  your  whole  future  but  certainly  for  several  months  of  it  by 
your  present  movements,  in  the  whole  feeling  of  the  family.  Mr. 
Bostwick  has  just  returned  from  Baltimore,  quite  worn  out  with  dodg 
ing  questions  as  to  why  none  of  the  family  were  present,  etc.,  etc., 
and  he  told  Wintie  last  night  that  you  ought  really  to  know  how  the 
farmers  and  people  about  here  are  talking  at  your  not  coming;  up  nor 
having  had  any  one  down.  The  only  way,  you  see,  to  do  away  with 
all  these  false  impressions  is  for  you  to  come  up  here  as  soon  as  pos 
sible. 

This  is  not  a  case  for  quibbling  arguments  about  insignificant 
"side  issues,"  you  have  got  yourself  into  this  false  position  and  you 
owe  it  to  your  wife  and  her  future  relations  to  the  family  to  get 
yourself  out  of  it.  Use  your  own  judgment  as  regards  telling  Amelie 
about  all  this,  she  has  had  enough  worries  and  should  be  spared 
as  much  as  possible.  Give  her  my  love — Wintie  joins  me  and  says 
he  won't  trust  himself  to  talk  any  more  on  the  subject.  Very  affec 
tionately, 

DAISY. 

Alida  sends  love  to  you  both — also  give  Margaret  love  from  us  all. 


(From  Winthrop  Astor  Chanler.) 

"Rokeby," 

Barrytown,  N.  Y.,  June  19th. 

My  £>ear  Margaret: — I  have  been  waiting  until  I  could  control 
my  temper  before  answering  your  letter. 

If  ever  two  people  deserved  a  good  spanking,  those  two  are  Brog 
and  you.  Of  course  you  were  but  as  putty  in  his  hands,  and  backed 
him  up  in  his  absurd  mysteries — but  still  your  own  common  sense,  If 
no  other  feeling,  should  have  told  you  that  he  was  quite  wrong  in 
acting  as  he  did.  Now  I  suppose  you  are  wondering  what  I  am  driving 
at.  Wait  a  bit  until  I  tell  you  a  story. 

A  detachment  of  the  British  Army  in  India  was  on  the  march. 
An  officer  was  very  anxious  to  know  whether  the  army  was  to  halt 
the  next  day  and  asked  one  of  the  staff  officers,  who  had  once  been  a 
friend  of  his,  about  it.  "I  really  do  not  know  the  intentions  of  the 
General"  was  the  reply.  Then  says  the  Chronicler,  "Returning  to  his 
tent  disgusted  with  the  airs  of  his  former  companion  he  was  met  by 


112 

his  servant  with  the  information  that  the  army  was  to  halt  the  next 
day.  "Where  did  you  learn  that?"  said  the  officer  "Major  M's  (the 
staff  officer)  washerman  tells  me."  So  Major  M.  could  tell  his  washer 
man  that  he  might  take  advantage  of  the  halt  to  blanch  his  linen,  but 
he  could  not  communicate  it  to  an  old  friend;  although  from  the  situa 
tion  of  the  army  it  mattered  not,  in  a  military  point  of  view,  if  the 
fact  were  known  from  one  end  of  India  to  the  other."  Just  read, 
mark,  learn,  etc.,  this  parable  and  I  think  you  will  see  how  the  cap 
fits.  You  could  write  to  Mr.  Morris  and  tell  him  to  be  sure  the  "d" 
was1  left  out  of  his  name,  etc.,  etc. — and  yet  you  could  not  send  one 
line  or  word  to  any  member  of  your  family  so  that  we  could  drink 
the  bride's  health.  As  it  happened  Archie's  alleged  telegram  never 
reached  us. 

Alida  at  "Tranquility"  and  all  of  us  at  "Rokeby"  heard  it  from 
an  outsider  and  the  daily  papers.  Of  course  Brog,  like  Sir  Andrew 
Aguecheek  will  have  fifty  "exquisite  reasons"  for  it  all.  He  always 
has.  It  won't  make  much  difference  now  what  he  says.  It  is  all  over 
the  country  that  not  a  single  member  of  his  family  knew  he  was  going 
to  be  married  so  soon.  That  don't  look  well  does  it?  I  am  glad  he  is 
where  he  is  so  much  appreciated  for  his  stock  is  below  par  up  here. 
I  cabled  the  news  to  Bess  lest  she  too  should  hear  through  the  papers. 
Alida  wrote  me  a  piteous  letter  to-day  asking  for  news — What  news 
can  I  give  her?  That  you  leave  Va.  in  a  week?  Another  little  point 
for  you  and  Brog  to  digest  at  your  leisure  is  this.  The  outcome  of 
his  sublime  and  fatuous  predilection  for  mystery  is  that  as  your  name 
was  only  in  one  paper  the  great  majority  for  whom  he  poses  think 
that  no  member  of  his  family  was  present  at  his  wedding.  You  can 
draw  your  inferences. 

This  is  all  I  am  going  to  say  on  the  subject  except  that  it  is  use 
less  to  tell  Amelie  anything  about  it.  She  has  nothing  to  do  with  it, 
and  need  not  be  made  uncomfortable.  Yours, 

W. 


(From  Winthrop  Astor  Chanler.) 

"Rokeby," 

Barrytown,  N.  Y.,  June  22nd,  1888. 

My  Dear  Margaret: — On  our  return  from  Albany  to-day,  where 
we  had  dined  and  spent  the  night  with  Mrs.  Pruyn,  I  found  your  long 
letter. 

Your  reasons  for  not  letting  us  know  are  precisely  what  we  all 
supposed  them  to  have  been.  Of  course  we  all  knew  perfectly  well 
that  you  wanted  to  send  us  word  and  that  Archie  would  not  let  you. 
When  you  say  that  you  did  not  consider  it  proper  for  you  to  discuss 
the  matter  with  and  differ  from,  him  we  disagree  with  you  entirely. 
It  was  your  business  to  fight  any  such  proceeding  on  his  part  with  all 


113 

your  might.  Particularly  so  when  you  thoroughly  realized  how  -we 
would  feel  as  you  say  you  did.  In  fact  every  word  in  your  letter  and 
in  Brog's  to  Daisy  goes  to  confirm  us  in  our  opinion.  The  Rives  had 
a  perfect  right  to  wait  till  after  the  wedding  before  cabling  to  the  Ool. 
if  they  wished.  They  had  plenty  of  relatives  in  the  house  to  back 
them  up  in  anything  they  chose  to  do — if  the  Herald  is  to  be  believed. 
Besides  there  are  a  half  dozen  ways  in  which  Brog  could  have  let  us 
know  the  day  before  if  he  had  wished.  He  could  have  written  or 
telegraphed  in  French.  As  soon  as  he  had  had  his  interview  with 
the  Herald  reporter  he  could  have  sent  us  word.  The  whole  trouble 
is  that  he  apparently  looked  upon  the  family  in  the  same  light  as  the 
public — with  a  strong  preference  for  the  public.  I  am  not  going  to 
discuss  the  matter  any  further  as  regards  the  disagreeable  position 
he  has  seen  fit  to  put  us  all  in  and  its  result  in  the  eyes  of  the  world 
of  whom  he  seems  to  stand  in  such  dread.  Nor  am  I  going;  to  discuss 
the  utter  fizzle  of  his  attempt  at  secrecy.  I  will  simply  say  that  he 
has  done  the  very  thing  of  all  others  he  should  have  not  done  under 
the  circumstances  and  that  he  has  hurt  the  feelings  of  his  entire 
connection  on  this  side  of  the  water  in  a  way  that  though  they  may 
say  nothing,  yet  will  make  them  show  it  for  a  long  time  to  come.  In 
the  most  important  epoch  of  his  life  he  has  made  a  fool  of  himself  and 
hurt  his  wife  in  the  eyes  of  the  public.  You  can  show  him  both  my 
letters  on  condition  that  he  does  not  tell  his  wife  about  the  contents 
more  than  is  necessary.  I  will  write  to  him  as  soon  as  I  can  talk  of 
something  else. 

Yours, 

W. 

P.  S.— Remember  I  want  you  to   show  both  my  letters  to  Brog. 
You  ean  leave  the  matter  of  repetition  to  his  own  judgment. 


(From  Winthrop  Astor  Chanler  to  John  Armstrong  Chaloner.) 

"Rokeby," 

Barrytown,  N.  Y.,  June  21st,  1888. 

Dear  Brog: — Just  a  line  from  an  outsider  to  disturb  the  perfect 
bliss  of  Armida's  garden.  Ask  for  and  read  the  two  letters  I  have 
written  to  Margaret  in  the  name  of  the  Rokebyites  and  use  your  own 
judgment  about  repeating  the  contents.  Love  to  Armida — We  don't 
want  any  cuttings  from  the  Herald  or  any  other  of  your  friends  the 
Journalists. 

Yours, 

W. 

P.  S. — The  weather  here  is  very  warm,  93  in  the  shade  to-day — I 
wonder  if  you  wouldn't  find  it  cool  in  spite  of  the  thermometer. 


114 

(From  John  Armstrong  Chaloner  to  Winthrop  Astor  Chanler.) 

"Castle  Hill," 
Albemarle  County,  Virginia,  June  27th,   1888. 

Dear  Wintie: — I  have  received  your  note  of  June  21st,  and  I  shall 
want  an  apology  from  you  in  writing,  before  anything  further  can 
pass  between  us. 

Yours, 

J.  A.  C. 


Now  as  regards  the  corroborating  evidence  concerning  the  veracity 
of  plaintiff's  statements  in  the  above  letter  to  Hon.  Micajah  Woods 
under  date  of  July  3,  1897. 

We  shall  lastly  introduce  a  letter  written  to  plaintiff  under 
plaintiff's  then  alias  of  John  Childe  while  plaintiff  was  in  hiding  from 
the  New  York  and  Pennsylvania  police  at  the  said  private  sanatorium 
in  Philadelphia,  by  the  late  Hon.  James  Lindsay  Gordon,  then  one  of 
the  assistant  District  Attorneys  of  New  York  City  where  he  died,  and 
recently — in  1904 — one  of  the  Assistant  Corporation  Counsel  of  the 
same. 

"District  Attorney's  Office. 
City  &  County  of  New  York. 

May  6th,  1901. 
John  Childe,  Esq.,  Phila,,  Pa. 

My  Dear  C.: — I  have  your  letter  of  the  5th  inst. — but  this  is  the 
first  moment  I  have  had  to  answer  it,  having  been  engaged  in  Court 
all  day  in  the  trial  of  cases. 

I  remember  very  distinctly  the  meeting;  to  which  you  refer,  of  the 
Directors  of  the  R.  P.  Co.*  in  your  room  in  the  Hotel  Kensington  in 
December,  1896,  and  the  altercation  of  a  violent  character  which  then 
occurred  between  you  and  your  brother  Mr.  W.  A.  C.  (Mr.  Winthrop 
Astor  Chanler) — an  altercation  which  reached  the  verge  of  becoming 
a  physical  one,  you  rising  from  the  bed  in  which  you  had  been  previ 
ously  lying,  and  you  and  he  simultaneously  approaching  each  other 
In  a  threatening  manner.  I  do  not  after  the  lapse  of  so  long  a  time, 
recall  the  exact  point  at  issue  between  you,  but  I  do  recall  that 
on  being  appealed  to  by  you,  I  agreed  to  the  correctness  of  your 
position.  I  think  it  was  the  next  day  or  the  day  thereafter  you 
showed  me  a  letter  from  him  in  which  he  said,  in  effect  (of  course 
I  do  not  recall  the  language)  that  he  could  have  no  further  com 
munication  with  you  except  in  writing  or  through  third  parties. 


*Roanoke  Rapids  Power  Company. 


115 

My  recollection  is  that  you  sent  him  a  reply  to  the  effect  that  you 
accepted  that  situation;  anl  either  in  that  letter  or  another  one  about 
the  same  time  by  me,  you  notified  him  that  you  would  send  a  repre 
sentative  to  examine  the  accounts  of  your  Father's  estate  of  which 
he  was  one  of  the  executors.  To  the  latter  proposition  he  verbally  to 
me  at  once  acquiesced.  Subsequently  at  your  request  I  employed  an 
expert  accountant  who  examined  the  books  and  made  a  report  which 
was  either  given  you  or  Mr.  S.  W.  who  held  your  power  of  attorney. 
I  do  not  now  remember  which. 

Subsequently  to  the  Kensington  Hotel  meeting,  Mr.  W.  A.  C.  resigned 
his  presidency  and  membership  on  the  Directory  of  the  U.  I.  Co.*  and 
you  were  elected  in  his  place.  I  was  at  that  meeting  elected  a  Director 
on  that  Board  by  proxies  of  your  stock — a  position  which  I  some  time 

ago  resigned,  transferring  my  share  of  stock  to who  I  believe 

was  elected  Director  in  my  stead — tho'  of  this  I  am  not  sure.  I  re 
signed  as  it  was  practically  impossible  owing  to  the  tremendous  pres 
sure  of  my  official  duties  to  attend  to  the  Directorship  of  the  U.  I.  I 
have  now  I  think,  briefly  epitomized  the  business  transactions  of  that 
particular  period  so  far  as  I  can  remember  such  business  transactions. 

In  so  far  as  your  relations  with  the  members  of  your  family 
(brothers  and  sisters)  were  concerned,  of  course  my  knowledge  was 
derived  from  you.  I  was  on  the  most  intimate  social  and  business 
footing  with  you  and  there  were  few  things  you  concealed  from  me. 
You  had,  on  various  occasions  before  the  transactions  hereinbefore 
referred  to,  spoken  to  me  about  them  and  that  your  relations  with 
them  were  not  friendly.  My  recollection  is  that  on  one  or  two  occa 
sions  I  rather  argued  the  matter  with  you,  stating  that  I  thought  you 
must  be  mistaken,  but  you  persisted  in  the  assertion  that  you  knew 
what  you  were  talking  about  and  that  you  knew  that  your  family 
were  unfriendly  to  you. 

I  have  written  this  hurriedly  because  I  desire  to  have  it  reach 
you  at  once,  as  you  seem  to  desire  it  as  soon  as  possible.  It  may  be 
proper  to  add  that  if  your  family  were  unfriendly  toward  you,  of 
which  it  is  not  necessary  for  me  to  express  an  opinion,  I  would  natu 
rally  not  be  the  person  to  whom  such  unfriendliness  would  be  ex 
pressed,  occupying  as  I  did  the  intimate  relation,  with  you  to  which 
I  have  referred. 

With  the  very  kindest  regards  and  best  wishes  for  your  good 
health,  Faithfully  yours, 

JAMES  LINDSAY  GORDON. 

I  remember  being  with  you  when  you  met  Mr.  W.  A.  C.t  in  the 
station  at  Jersey  City  and  remember  your  telling  me  afterwards  that 
you  and  he  had  a  violent  quarrel  on  the  train  going  South. 

J.  L.  G." 


*United  Industrial  Company. 
tCol.  William  Astor  Chanler. 


116 

A  perusal  of  the  above  proves  plaintiffs  assertion  touching  the 
aforesaid  meeting  of  the  Board  of  Directors  of  the  Roanoke  Rapids 
Power  Company  at  plaintiff's  said  rooms  at  said  Hotel  Kensington, 
15th  Street  and  5th  Avenue,  New  York  City,  in  December,  1896.  A 
perusal  of  the  above  letter  also  proves  the  falsity  of  the  charge  that 
plaintiff  was  insane  from  November,  1896,  since  no  Board  of  Directors 
would  think  of  holding  a  business  meeting  in  the  rooms  of  a  dangerous 
maniac  such  as  plaintiff  is  pictured  at  said  time  of  said  meeting  in 
said  Commitment  Papers  as  being.  A  perusal  of  the  above  letter  also 
proves  plaintiff's  assertion  touching  the  aforesaid  violent  altercation 
arising  thereat  between  plaintiff  and  plaintiff's  said  brother,  Mr.  Win- 
throp  Astor  Chanler;  and  also  that  plaintiff's  position  in  said  alterca 
tion  was  a  correct  one:  and  also  all  in  said  assertions  of  plaintiff 
touching  the  subsequent  consequences  of  said  altercation  to  wit.  (a) 
Plaintiff's  said  assertion  touching  the  letter  written  plaintiff  by  said 
Mr.  Winthrop  Astor  Chanler  breaking  off  all  social  relations  with 
plaintiff  except  in  writing  or  through  third  parties,  (b)  Plaintiff's 
said  assertion  touching  plaintiff's  acceptance  of  the  said  situation  in 
a  letter,  saying  also  that  plaintiff  would  send  a  representative  to  ex 
amine  the  accounts  of  plaintiffs  said  Father's  Estate  of  which  said 
Estate  said  Mr.  Winthrop  Astor  Chanler  was  one  of  the  Executors; 
and  also  said  Mr.  Winthrop  Astor  Chanler's  acceptance  of  said  propo 
sition,  (c)  Plaintiff's  said  assertion  touching  said  Mr.  Winthrop 
Astor  Chanler's  said  resignation  from  the  Presidency  of,  and  mem 
bership  on  the  Directory  of  the  said  United  Industrial  Company,  (d) 
Plaintiff's  said  assertion  touching  plaintiff's  election  to  the  Presidency 
of  the  said  United  Industrial  Company;  together  with  plaintiff's  elec 
tion^  by  proxies  of  plaintiff's  stock,  of  a  new  Directory  in  the  said 
United  Industrial  Company  of  plaintiff's  own  choosing. 

A  perusal  of  the  above  letter  also  proves  plaintiff's  assertion 
touching  the  unfriendly  relations  obtaining  between  plaintiff  and 
plaintiff's  said  family  (brothers  and  sisters) ;  for  although,  as  Mr. 
Gordon  points  out,  said  Gordon  would  not  be  likely — seeing  the  most 
intimate  social  and  business  footing  existing  between  said  Gordon 
and  plaintiff — to  be  the  person  to  whom  such  unfriendliness  would 
be  expressed  by  said  family,  yet  said  Gordon  admits  that  plaintiff  had, 
on  various  occasions  before  the  transactions  hereinbefore  referred  to, 
spoken  to  said  Gordon  about  said  family,  and  that  plaintiff  had  said 
to  said  Gordon  that  plaintiff's  relations  with  said  family,  were  not 
friendly.  It  should  hardly  be  necessary  to  state  that  the  correctness 
of  plaintiff's  said  judgment,  regarding  the  secret  and  concealed  hos 
tility  from  public  view  of  plaintiff's  said  family  towards  plaintiff  is 
pretty  effectively  proved  by  a  member  of  said  family,  said  brother  or 
plaintiff,  said  Mr.  Winthrop  Astor  Chanler's  said  violent  altercation, 
which  reached  the  verge  of  becoming  a  physical  one,  at  said  meeting 
of  said  Directory  of  said  Roanoke  Rapids  Power  Company  at  plaintiff's 
said  rooms  at  said  Hotel  Kensington,  in  December,  1896. 


117 

The  late  Hon.  James  Lindsay  Gordon,  above  referred  to,  was 
the  brother  of  the  Hon.  Armistead  Churchill  Gordon,  of  Staunton,  Vir 
ginia,  now  Rector  of  the  Board  of  Visitors  of  the  University  of  Vir 
ginia,  and  the  brilliant  and  well-known  writer  of  Southern  stories  in 
the  magazines. 


The  News  and  Observer,  Raleigh,  North  Carolina,  October  18,  1906. 
"FOUR   YEARS   IN   BL.OOMINGDALE" 


JOHN  ARMSTRONG  CHALONER'S  BOOK  ON  DETENTION 
AS  A  LUNATIC. 


Readers  of  the  News  and  Observer  will  recall  the  mysterious  sen 
sation  occasioned  ten  years  ago  by  the  incarceration  in  "Bloomingdale" 
asylum,  in  New  York,  and  the  subsequent  escape  of  John  Armstrong 
Chaloner,  the  wealthy  Virginian  and  member  of  the  New  York  bar. 

For  four  months  the  friends  of  Mr.  Chaloner  supposed  that  he 
was  away  taking  a  trip  for  his  health.  For  weeks  after  his  escape 
and  return  to  his  State  of  Virginia  newspaper  speculation  was  rife  as 
to  the  causes  which  led  up  to  tiie  imprisonment.  He  was  subsequently 
declared  sane  in  an  action  tried  in  the  courts  of  Virginia,  and  was 
adjudged  competent  to  manage  his  own  affairs.  Beyond  the  fact  that 
he  had  brought  actions  against  persons,  however,  the  matter  has  since 
fallen  away  from  public  attention  and  has  in  many  respects  remained 
ever  since  a  mystery. 

Mr.  Chaloner  is  especially  known  in  the  South  by  reason  of  his 
marriage  to  Amelie  Rives,  the  brilliant  Virginia  novelist,  whose  book, 
"The  Quick  or  the  Dead,"  created  a  national  furore  at  the  time  of  its 
publication,  and  by  reason  of  the  fact  that  it  was  through  his  money 
and  initiative  largely,  and  Major  T.  L.  Emry,  that  the  water  power 
at  Roanoke  Rapids,  in  North  Carolina,  was  first  developed. 

Through  the  publication  of  a  book  by  Mr.  Chaloner,  which  is  now 
on  the  Palmetto  Press,  of  Roanoke  Rapids,  the  News  and  Observer 
is  able  to  give  an  exclusive  statement  of  the  complete  story,  as  stated 
by  Mr.  Chaloner  of  the  events  leading  to  his  commitment  to  the  asylum, 
the  circumstances  under  which  he  was  arrested  in  New  York  and 
railroaded  to  "Bloomingdale"  and  the  sensational  details  of  his  four 
years's  stay  there  as  a  prisoner  practically  ex-communicado  from  the 
world,  from  March  13th,  1897,  until  Thanksgiving  day  eve,  1900.  when 
he  effected  his  escape  and  successfully  eluded  the  police  who  were 
searching  for  him  in  every  large  city  in  response  to  a  general  alarm. 

The  title  of  the  book  is  "Four  Years  Behind  the  Bars  of  'Bloom 
ingdale'  ;  or  the  Bankruptcy  of  Law  in  New  York." 


118 

STANFORD    WHITE    SUGGESTS    A    PLUNGE 

As  detailed  by  Mr.  Chaloner,  he  was  induced  in  March,  1887,  to 
leave  his  country  place,  Merry  Mills,  in  Virginia,  and  go  to  New  York 
by  Stanford  White,  who  was  recently  killed  on  the  roof  of  Madison 
Square  Garden  by  Harry  Thaw.  Mr.  Chaloner  states  that  he  had  had 
much  trouble  with  his  family  in  a  social  and  business  way,  the  first 
on  account  of  his  having  engaged  in  psychological  studies  and  in 
vestigation  into  Esoteric  Buddhism,  and  the  second  by  reason  of  his 
having  ousted  his  brother,  Winthrop  Astor  Chanler,  from  the  presi 
dency  of  the  United  Industrial  Company  of  Roanoke  Rapids,  which 
Mr.  Chaloner  controlled.  He  alleges  that  his  incarceration  in  the 
asylum  was  brought  about  by  his  brother  for  the  reasons  stated,  and 
for  the  purpose  of  gaining  control  of  his  property.  Referring  to  the 
visit  paid  him  by  Stanford  White,  to  his  home  in  Virginia,  Mr.  Chal 
oner  declares  that  he  had  written  Mr.  White  that  he  could  not  see 
him,  but  that  the  latter  nevertheless  appeared  at  his  home  in  com 
pany  with  a  physician  and  invited  him  to  go  to  New  York  for  "a 
plunge  in  the  Metropolitan  whirl."  Mr.  Chaloner  consented  and  went 
to  the  Hotel  Kensington,  where  he  engaged  rooms. 

Later  the  doctor,  whose  name  is  not  given,  but  who  is  described 
as  "B.  F.,"  and  Mr.  White  insisted  that  Mr.  Chaloner  should  put  him 
self  in  a  trance-like  state,  an  accomplishment  he  says  that  he  has  ac 
quired  as  the  result  of  his  studies  in  Esoteric  Buddhism.  Mr.  Chal 
oner  complied,  and  later  the  doctor  returned  with  Dr.  Moses  Allen 
Starr,  a  famous  New  York  alienist,  who  was  introduced  as  an  opulist 
and,  by  request  of  the  physician  was  permitted  by  Mr.  Chaloner  to 
examine  his  eyes. 

RAILROADED    TO    "BLOOMINGDALE." 

After  having  examined  his  eyes,  Mr.  Chaloner  states  that  Dr.  Moses 
Starr  afterwards  came  to  his  room  at  night,  after  he  had  retired,  with 
three  other  men  and  commanded  him  to  go  with  him,  as  resistance 
would  be  useless.  Mr.  Chaloner  states  that  he  refused  to  go  and  "con 
vinced"  Dr.  Starr  that  he  did  not  have  force  enough  with  him  to 
make  him  go.  The  next  day  there  came  to  the  hotel  plain-clothes 
policemen  with  commitment  papers,  and  by  them  Mr.  Chaloner  was 
taken  to  the  asylum. 

From  the  letter  written  to  Captain  Woods  is  taken  the  following 
description  by  Mr.  Chaloner  of  his  stay  in  "Bloomingdale" : 

"Before  going  into  the  commitment  papers.  I  shall  briefly  touch 
on  my  life  here  for  the  past  four  months.  I  was  brought  here  the 
13th  of  March.  Since  that  time  I  have  been  in  solitary  confinement 
in  a  two-roomed  cell.  A  keeper  sleeps  in  one  of  the  rooms  of  my 
cell,  and  he  is  always  with  me.  When  I  take  exercise  in  the  asylum 
grounds  the  keeper  accompanies  me.  My  razors  were  seized  on  the 
ground  that  it  was  a  'rule  of  the  institution.'  The  consequence  was 
I  had  to  be  shaved  by  the  asylum  barber,  which  caused  not  only  in- 


119 

convenience,  but  hardship,  since  my  beard  is  thick  and  my  skin  is  thin, 
and  no  barber  has  been  able  to  shave  me  without  causing  a  violent  irri 
tation  of  the  skin,  a  condition  which  is  always  absent  when  I  shave 
myself. 

"You  must  excuse  the  above  apparently  trivial  incident,  but  you 
will  appreciate  the  annoyance  it  is  to  be  shaved  by  the  asylum  barber, 
when  I  tell  you  that  his  shaving  raised  such  a  rash  on  my  neck  that 
I  have  limited  his  operations  to  twice  a  week,  thus  giving  the  inflam 
mation  time  to  subside-^to  begin  afresh  on  the  next  shave. 

"You  know,  from  my  having  had  the  pleasure  of  dining  at  your 
house,  that  I  am  limited  to  a  very  abstemious  diet,  that!  I  am  prac 
tically  a  vegetarian. 

"You  also  know  that  I  ride  a  great  deal  on  horseback.  It  is,  in 
fact,  my  favorite  and  only  form  of  outdoor  exercise.  You  can  well 
imagine  the  deleterious  effect  upon  my  health  resultant  from  a  com 
bination  of  bad  cooking,  poor  food  and  total  deprivation  of  horseback 
exercise.  Of  the  cooking  I  have  simply  to  say  that  the  asylum  cooks 
cannot  even  bake  bread,  though  they  daily  attempt  it.  So  that  I  have 
been  forced  to  buy  crackers  to  avoid  the  violent  indigestion  the  half- 
baked  bread  causes  me.  Of  the  food  I  will  simply  say  that  it  has 
been  so  bad  that  I  have  come  down  to  a  daily  diet  of  baked  potatoes, 
lettuce,  fruit  and  crackers  in  order  to  avoid  eating  food  which  is 
either  badly  cooked,  adulterated  or  decayed. 

"In  the  meantime  I  am  living  in  a  madhouse.  Every  'patient'  in 
the  building  in  which  I  am  imprisoned  is  hopelessly  insane.  At  times 
some  of  them  became  violently,  homicidally,  insane,  when,  after  yells 
and  struggles  with  keepers  and  a  siege  in  a  strait-jacket,  they  are 
forcibly  removed  to  another  ward.  Since  my  arrival  two  patients 
tvere  removed  from  this  building  for  having  become  'violent,'  as  they 
call  it  here. 

"Nothing  prevents  a  patient  from  becoming  homicidally  insane  at 
any  time.  In  one  of  such  fits  of  frenzy  the  lunatic  might  take  it 
into  his  head  to  walk  into  my  cell  and  attack  me.  The  cell-doors 
are  unlocked,  and,  although  there  is  a  keeper  on  watch  on  my  floor, 
he  is  not  always  there.  To  give  me  warning  of  the  approach  of 
prowling  maniacs  I  put  a  table  against  my  door  at  night. 

"This  will  give  you  an  idea  of  my  surroundings.  I  think  that  you 
wil}  agree  with  me  that  they  are  calculated  to  drive  a  man  insane. 
When  you  add  to  these  'surroundings'  the  active  and  sustained  efforts 
of  the  resident  doctors  to  talk  me  into  becoming  insane  by  declaring 
to  my  face  that  I  am  insane,  and  attempting  to  argue  me  into  admit- 
ing  that  I  am;  when  you  consider  this,  you  will,  I  think,  conclude 
that  I  have  my  nerves  and  will-power  under  effective  control  in  being 
able  to  remain  sane. 

"So  much  for  my  life  for  the  last  four  months.  This  is  the  first 
opportunity  which  I  have  had  for  posting  a  letter  unbeknown  to  the 
authorities  here.  The  rule  is  that  all  letters  and  telegrams  must  be 
sent  through  the  authorities  here,  who  have  the  legal  right  to  suppress 


120 

or  forward  to  'The  Commission  in  Lunacy'  at  Albany,  who  have  again 
the  legal  right  to  suppress  and  destroy  them.  You  can  readily  under 
stand  that  I  would  not  send  a  letter  under  such  conditions.  Hence 
my  having  to  wait  four  months  to  write  to  you  and  ask  your  aid." 

BLOODED  CONSPIRATORS'  ALLEGED  MOTIVE. 

The  petitioners  upon  whose  affidavits  the  commitment  papers 
against  Mr.  Chaloner  were  secured  were  Winthrop  Astor  Chanler,  Louis 
Stuyvesant  Chauler,  and  -  — .  The  first  two  named 

were  the  executors  of  the  estate  of  Mr.  Chaloner's  father,  to  which, 
under  the  terms  of  the  will,  he  is  entitled  to  an  annual  income  of 
one-eighth  of  the  total  income. 

With  reference  to  the  will,  Mr.  Chaloner  wrote  Captain  Woods : 

"At  my  death  without  issue  my  said  share  reverts  to  the  estate. 
Should  I  leave  issue  my  said  share  would  go  to  said  issue.  It  Is 
therefore  evidently  to  the  business  interests  of  my  family  to  prevent 
my  marrying  by  locking  me  up  for  life  in  an  insane  asylum,  if  possible, 
and  if  that  is  not  possible,  the  next  best  step  towards  safeguarding 
their  business  interests  is  to  throw,  if  possible,  an  insurmountable 
obstacle  in  the  way  of  my  marrying.  No  more  insurmountable  obstacle 
in  the  way  of  marriage  could  be  imagined  than  insanity." 

Of  marrying  again,  however,  he  says: 

"Granting  that  I  get  out  of  this  asylum,  the  stigma  of  having 
been  confined  in  it  would  stick  to  me  through  life.  You  need  not 
necessarily  infer  that  I  have  any  intentions  of  marrying,  only  I  like 
to  retain  the  privilege  of  the  option." 

Other  motives  alleged  are  the  desire  to  control  the  business  in 
terests  of  Mr.  Chaloner,  and  a  spirit  of  revenge  on  the  part  of  Win 
throp  Chanler. 

PROPERTY  IN  TRUSTEE'S  HANDS. 

Mr.  Chaloner,  since  his  escape,  has  started  proceedings  in  New 
York  against  T.  T.  Sherman,  who,  by  a  decree  of  the  court,  has  been 
placed  in  charge  of  Mr.  Chaloner's  property.  He  alleges  that  this  Mr. 
T.  T.  Sherman  was  paid  twenty  thousand  dollars  out  of  his  estate,  and 
that  the  expenses  of  his  stay  in  "Bloomingdale"  amounted  to  twenty 
thousand  dollars  additional,  which  has  been  charged  against  his 
estate.  His  purpose  in  writing  the  book  he  declares  to  be  to  call  the 
attention  of  a  judge  to  the  action  of  his  relatives. 

is  "BLOOMINGDALE"  A  SNARE? 

The  book  goes  fully  into  the  methods  and  workings  of  "Blooming- 
dale,"  which  Mr.  Chaloner  asserts  is  not  a  charitable  asylum  in  any 
sense;  but  run  under  the  protection  of  the  "Society  of  the  New  York 
Hospital,"  and  that  it  receives  only  sufficient  charity  patients  to  avoid 
the  payment  of  taxes.  Its  purpose,  he  allows,  is  to  hold  :m<i  lcc<'i> 
wealthy  men,  whose  families  desire  to  be  rid  of  them. 


121 

The  extent  to  which  the  horror  of  his  situation  had  worked  upon 
Mr.  Chaloner  is  disclosed  in  his  injunction:  to  Captain  Woods  in  his 
letter : 

"Speed  is  essential,  for  I  have  been  given  to  understand  that  when 
my  unknown  term  of  imprisonment  here  is  ended  I  am  to  be  shipped 
to  Europe.  As  to  what  point  I  was  not  informed;  most  probably  to 
an  English  private  insane  asylum. 

"Speed  and  secrecy  are  the  watchwords.  The  moment  it  leaked 
out  that  any  effort  was  being  made  for  my  release,  that  moment  would 
probably  end  my  imprisonment  here  and  begin  it  in  a  closed  carriage, 
on  my  way  by  night  bound  and  gagged  to  Long  Island  Sound — eight 
miles  off — where  a  private  tugboat  would  tonvey  me  to  an  ocean 
steamer  at  New  York,  or  a  sailing  vessel  bound  round  'The  Horn.' 
I  can  assure  you  that  outlawed  as  I  am,  my  position  is  one  of  con 
siderable  uncertainty — not  to  say  danger." 

A    PERIL,   TO    THE    EICH. 

The  book,  on  account  both  of  its  character  and  its  revelations,  and 
on  account  of  the  social  standing  of  Mr.  Chaloner  and  the  sensation 
created  when  his  commitment  first  became  known,  will  create  profound 
interest  all  over  the  country.  It  shows,  if  its  detailed  circumstantial 
allegations  are  to  be  believed,  that  the  rich  in  New  York  'are  in  more 
danger  from  the  avarice  of  unscrupulous  relatives  than  the  poorest 
man  from  unjust  accusation  and  the  failure  of  justice.  His  story  is 
fraught  with  romance  and  mystery. 

AUTHOR    OF    DISTINGUISHED    ANCESTRY. 

As  stated,  Mr.  Chaloner,  formerly  a  citizen  of  Virginia,  where  he 
still  frequently  resides  at  his  four  hundred-acre  estate,  "Merry  Mills," 
is  now  a  citizen  of  Roanoke  Rapids,  North  Carolina.  He  is  a  mixture 
of  distinguished  Southern  and  Dutch  ancestry,  and  his  blood  is  such 
as  to  warrant  that  he  will  make  an  unrelenting  fight  for  what  he 
conceives  to  be  his  rights  and  against  injustice.  His  paternal  grand 
father,  a  personal  friend  of  Calhoun,  left  Charleston,  South  Carolina, 
where  his  forbears  had  steadily  resided  since  about  1710,  when  they 
first  left  Wales  for  the  New  World,  about  twenty  years  before  the 
war  between  the  States,  came  to  New  York  to  live,  and  married  into 
the  New  York  branch  of  the  Winthrop  family.  The  first  of  that 
family  to  come  to  this  country  was  John  Winthrop,  first  Governor 
of  Massachusetts.  This  marriage  also  connected  the  Chanlers  with 
Peter  Stuyvesant,  the  last  Dutch  Governor  of  New  Amsterdam,  now 
New  York.  In  Charleston,  the  Chanlers  had  always  been  members 
of  one  of  the  three  learned  professions — the  Church,  the  Law,  or 
Medicine.  The  author's  father  married  Miss  Margaret  Astor  Ward, 
granddaughter  of  the  late  William  B.  Astor.  This  connected  the 
Chanlers  with  Mrs.  Julia  Ward  Howe — the  author's  grand-aunt — and, 
further  back,  considerably,  with  General  John  Armstrong,  of  the 


122 

Revolution,  author  of  "The  Newburgh  Addresses,"  and  also,  through 
the  Wards,  with  General  Marion,  of  South  Carolina,  of  the  Revolution, 
Known  as  the  "Swamp  Fox,"  and  also  with  General  Greene,  of  the 
Revolution.  Lastly,  the  Marion  connection  relates  the  author  collat 
erally — not  lineally,  for  she  never  married — to  no  less  a  personage 
than  Charlotte  Corday,  the  slayer  of  the  murderous  Marat — General 
Marion's  people  being  French  Huguenots. 

For  some  time,  while  awaiting  the  results  of  litigation,  Mr.  Chal- 
oner  has  been  residing  on  his  Virginia  estate,  engaged  in  literary 
work. 


The  World,  New  York,  November  11,  1906. 

STOP    THIKF!      GIVE    ME    MY    MILLION! 


THE    EXTRAORDINARY    LIFE    STORY    OF    JOHN    ARMSTRONG 
CHALONER,     FORMER    HUSBAND    OF     THE     PRINCESS 
TROUBETZKOY,    WHO    IS    LEGALLY    SANE    IN    VIR 
GINIA  AND  NORTH  CAROLINA,  LEGALLY  INSANE 
IN  NEW  YORK,  AND  WHO  WRITES  A  START 
LING    NARRATIVE    OF    HIS    STRUGGLES 
FOR  LIBERTY  AND  AN  INHERI 
TANCE. 


Can  a  man  be  sane  in  one  State  and  insane  in  another? 

So  it  would  seem.  But  John  Armstrong  Chaloner,  cousin  of  the 
Astors,  one  time  chum  of  the  late  Stanford  White;  lawyer,  college 
graduate,  student  of  psychics  and  ex-husband  of  that  brilliant  woman, 
Amelie  Rives,  now  the  Princess  Troubetzkoy,  is  not  going  to  take  such 
a  decision  as  final. 

His  case  comes  up  in  the  Federal  Courts  here  in  New  York.  Mr. 
Chaloner,  who  has  a  fortune  of  largely  over  $1,000,000,  wants  to  get 
control  of  it  But  the  courts  of  New  York  say  he  is  insane  and  not 
competent.  His  legal  residence  is  in  the  State  of  North  Carolina. 

And  there,  as  in  Virginia,  the  courts  have  decided  that  he  Is 
perfectly  sane  and  able  to  manage  his  estate. 

There  are  forty-five  States  in  the  Union.  Mr.  Chaloner  can  visit 
forty-four  of  them  without  the  slightest  danger  to  his  personal  liberty. 
But  should  he  set  his  foot  in  the  sovereign  State  of  New  York  he  will 
promptly  be  clapped  into  a  lunatic  asylum,  because  he  is  still  held 
to  be  mentally  incompetent.  Dr.  Lyon,  of  "Bloomingdale,"  has  testified 
that  Mr.  Chaloner  is  a  paranoiac.  Dr.  Austin  Flint,  Dr.  Carlos  F. 
McDonald  and  Dr.  Moses  A.  Starr,  have  given  it  as  their  opinion 
that  Mr.  Chaloner  is  hopelessly  insane. 

And  Dr.  J.  Madison  Taylor,  Dr.  Thomson  Jay  Hudson  and  Dr. 
H.  C.  Wood  have  pronounced  him  absolutely  sane  and  possessed  of  a 
brilliant  intellect 


123 

It  will  be  a  desperate  legal  battle.  Mr.  Chaloner  has  retained 
the  best  of  counsel.  So  has  the  custodian  of  his  one  million  dollars 
or  two,  T.  T.  Sherman,  who  says  he  is  insane.  It  is  very  much  like 
Charles  Reade's  "Very  Hard  Cash"  all  over  again. 

TO  PROVE   PSYCHIC   GIFTS    ABE   NOT    INSANITY. 

It  will  be  more  than  a  legal  fight.  It  will  be  a  trial  in  which 
a  man  who  has  delved  deep  into  psychic  phenomena  will  try  to  prove 
that  he  is  not  insane  just  because  he  knows  something  more  than  the 
mere  everyday  things  of  life.  Because  a  man  is  possessed  of  an 
X-faculty,  a  sub-consciousness  with  a  psychic  development,  Mr.  Chal 
oner  contends,  does  not  prove  him  mentally  incompetent  Because  he 
has  solved  the  mystery  of  "graphic  automatism"  does  not  prove  him 
a  lunatic. 

One  might  search  fiction  high  and  low  for  a  case  like  this  one  in 
real  life. 

It  is  one  of  the  most  remarkable  stories  of  modern  times.  Here 
is  a  man  of  independent  means,  a  man  of  affairs,  a  brilliant  writer, 
an  ardent  sportsman,  a  clever  raconteur,  sent  to  "Bloomingdale,"  ad 
judged  hopelessly  insane — "progressive,"  the  physicians  called  his  case. 

There  he  stays  for  nearly  four  years.  He  knows  it  is  hopeless 
to  protest.  There  he  is,  behind  the  bars,  gone  from  the  world  for 
ever.  He  dreams  of  freedom  by  night;  by  day  he  ponders  over  the 
problem  of  getting  it.  He  knows  that  to  be  violent  would  see  the 
end  of  his  hopes ;  he  acquiesces  in  every  thing  his  keepers  order, 
without  a  word  of  protest.  It  is  the  careful  working  of  a  mind  bent 
on  accomplishing  its  object — freedom ! 

He  waits  his  time.  He  gets  the  trust  of  every  one  about  him. 
He  does  meekly  everything  that  he  is  bidden — everything  except  ad 
mit  to  the  doctors  that  he  is  insane.  He  gets  permission  to  take 
walks  without  a  keeper.  He  makes  his  daily  jaunts  farther  and  far 
ther  away,  deliberately  practicing  the  art  of  covering  great  distances 
in  a  short  time.  He  finds  a  post  office  where  he  may  receive  letters 
under  an  assumed  name,  because  nothing  may  reach  him  at  the  asylum 
until  it  has  been  scrutinized.  In  this  way  he  manages  to  borrow 
$10 — this  man  with  an  income  of  $40,000  a  year. 

And  now  what  does  he  do? 

One  day  he  does  not  return  from  his  daily  walk.  No,  he  has 
walked  well  and  far — he  has  taken  a  train  to  New  York  from  an 
obscure  railroad  station  miles  distant  from  White  Plains,  where 
Bloomingdale  now  is.  By  nightfall  he  is  safe  in  Philadelphia. 

Does  he  go  into  paroxysms  of  impotent  rage  at  those  who  incar 
cerated  him,  as  do  many  of  the  insane  when  they  escape?  Does  he 
try  to  kill  those  whom  he  might  imagine  responsible  for  his  sufferings? 
Does  he  break  out  in  incoherent  ravings  against  fancied  evils? 

No.  He  goes  straightway  to  a  sanitarium  in  Philadelphia.  He 
states  his  case  calmly  to  the  physician  in  charge  and  asks  to  be  put 


124 

under  scientific  observation.  ^After  six  month's  voluntary  confinement 
there  the  physicians  tell  him  that  he  is  perfectly  sane  and  has  al 
ways  been  so.  He  is  not  even  now  content.  He  goes  to  another 
institution  and  goes  through  the  same  voluntary  process  all  over  again. 
Once  more  the  physicians  tell  Mr.  Chaloner  he  is  well-balanced.  Then 
suddenly  he  appears  at  his  old  home,  Merry  Mills,  Cobharn,  Virginia, 
where  he  has  stayed  to  this  day,  master  of  his  estate,  as  at  Roanoke 
Rapids,  North  Carolina. 

GIVEN     UP    AS    DEAD. 

Meanwhile  his  family  and  his  friends  had  given  him  up  for  dead. 
Thousands  of  dollars  had  been  spent  in  trying  to  find  him.  Finally  it 
was  said  that  he  was  gone  forever.  No  one  guessed  that  the  quiet, 
rather  punctilious  Mr.  John  Childe,  in  the  Philadeplhia  sanitarium, 
was  the  missing  John  Armstrong  Chaloner,  cousin  of  Waldorf  Astor. 

Once  safely  home,  this  so-called  lunatic  retained  counsel.  The 
matter  of  his  sanity  was  brought  up  in  the  Virginia  courts  and  then 
and  there  John  Armstrong  Chaloner  was  pronounced  sane  and  com 
petent.  But  the  greater  part  of  his  fortune  was  here  in  New  York 
State,  and  here  it  is  on  record  that  John  Armstrong  Chaloner  is  a 
hopeless  lunatic.  Should  he  come  here,  he  would  be  deprived  of  his 
liberty.  And  that  is  why  he  is  suing  in  the  United  States  Court  in 
the  hope  of  winning  back  his  inheritance  and  his  standing  as  a  man 
of  sound  mind. 

And  why  was  John  Armstrong  Chaloner,  Columbia  University, 
'83,  called  insane? 

Because  he  was  possessed  of  the  power  of  "graphic  automatism" 
and  had  developed  his  X-faculty — type  of  subconsciousness — was  taken 
as  evidence  of  insanity. 

Yet  some  of  the  most  prominent  psychological  writers  discuss  this 
X-faculty  in  all  seriousness  and  admit  that  there  is  such  a  thing  as 
"graphic  automatism."  And  all  of  this  is  told  in  a  remarkable  book, 
which  Mr.  Chaloner  has  just  published. 

He  calls  it  "Four  Years  Behind  the  Bars  of  Bloomingdale,  or 
The  Bankruptcy  of  Law  In  New  York."  In  it  he  is  extremely  bitter. 
He  calls  "Bloomingdale"  "The  Bastile  of  the  400,"  and  asserts  very 
positively  that  it  is  an  easy  matter  to  put  any  one  behind  the  bars 
forever  as  insane,  just  as  Reade  contended  in  his  "Very  Hard  Cash." 

John  Armstrong  Chaloner  first  came  into  the  public  eye  when  he 
married  Amelie  Rives,  who  wrote  that  brilliant  story,  "The  Quick  or 
the  Dead,"  in  which  is  told  the  old  love  of  a  beautiful  widow  for  her 
dead  husband  and  her  newer  love  for  another  man  in  the  flesh.  Jock 
Bering,  the  hero,  was  Chaloner.  As  she  described  him : 

"There  was  the  same  curling  brown  hair  above  a  square,  strong- 
modelled  forehead;  eyes  the  color  of  autumn  pools  in  sunlight;  the  de 
termined  yet  delicate  jut  of  the  nose;  the  pleasing  unevenness  in 
the  crowded,  white  teeth ;  the  fine  jaw,  which  had  that  curve  from 
ear  to  tip  like  the  prow  of  a  cutter." 


125 

Her  marriage  to  young  Mr.  Chaloner  only  added  to  the  book's 
popularity.  She  was  beautiful,  impetuous.  Soon  their  friends  came 
to  realize  that  there  was  nothing  in  common  between  the  grave, 
polished,  rather  mystic,  New  Yorker  and  the  gifted  Virginia  girl. 

There  was  a  divorce,  which  the  husband  did  not  contest,  upon 
the  ground  of  incompatibility,  and  the  Mrs.  Chaloner  that  was  mar 
ried  Prince  Troubetzkoy,  whom  she  met  abroad. 

The  book  that  he  has  written  as  his  plea  to  be  counted  sane  con 
tains  500  pages.  In  it  many  New  Yorkers  are  mentioned — few  of  them 
favorably. 

MR.  CHALONEB'S  OPINION  OF  PEOPLE. 

"The  more  I  know  men  the  more  I  admire  dogs,"  is  the  way  Mr. 
Chaloner  opens  his  book,  quoting  from  Voltaire. 

And  here  is  the  way  he  begins : 

"The  law  in  the  State  of  New  York,  both  State  law  and  Federal 
law,  has  reached  a  point  of  impotency  whereat  an  innocent  man  is 
about  to  be  deprived  of  valuable  property  against  his  expressed  will, 
and  the  law,  both  State  and  national,  is  impotent  to  save  him." 

He  refers  to  Mr.  Hearst,  and  to  Stanford  White,  whom  he  ac 
cuses  of  luring  him  to  "Bloomingdale,"  as  follows : 

"A  prominent  party  now  running  for  a  prominent  political  position 
is  adversely  commented  upon  between  the  boards  of  said  book.  Lastly 
in  this  particular  connection.  A  certain  prominent  party  recently 
shot  to  death  is  also  commented  upon  between  the  boards  of  said 
book,  whereas  the  trial  of  said  prominent  party's  slayer  comes  up 
in  the  New  York  Supreme  Court  in  a  few  weeks — that  is  to  say,  in 
the  fall  or  winter  of  1907,  these  lines  being  actually  penned  Sep 
tember  29,  1906." 

The  book  recites  with  bitterness  what  the  writer  calls  the  in 
justice  of  the  proceedings  leading  up  to  the  judgment  of  the  New 
York  Courts,  and  to  his  incarceration  in  "Bloomingdale." 

Of  "Bloomingdale,"  he  says: 

"We  shall  now  point — but  not  with  pride,  as  a  member  of  over 
twenty  years'  standing  of  the  New  York  bar — to  the  fact  that  we 
have  been  robbed,  so  to  speak,  of  twenty  thousand  dollars  by  the 
Society  of  the  New  York  Hospital,  falsely  known  as  'Bloomingdale.' 

"Here  we  have  twenty  thousand  dollars  taken  from  an  innocent 
and  sane  man  by  the  long  arm  of  the  law,  or  what  at  present  passes 
for  law  in  the  'Empire  State'  of  New  York." 

How  Stanford  White  got  him  to  "Bloomingdale"  is  told  in  this 
wise: 

From  a  letter  written  while  behind  the  bars  by  Mr.  John  Arm 
strong  Chaloner,  to  a  brother  lawyer  outside  and  smuggled  out  of 
"Bloomingdale" : 


126 

"HOW    I    WAS    TAKEN    TO     BLOOMINGDALE.    " 

"I  received  a  telegram  from  my  friend,  Mr.  Stanford  White,  pro 
posing  to  visit  me  in  company  with  a  mutual  friend.  As  I  was  on 
rather  unfriendly  terms  with  Mr.  White  at  the  time,  owing  to  an 
abusive  letter  he  had  recently  written  me,  I  did  not  look  forward 
to  a  visit  from  him  with  pleasure.  I  therefore  sent  him  a  telegram 
to  say  that  I  was  not  well  enough  to  see  him.  A  few  days  later  Mr. 
White  walked  in  on  me,  in  company  with  a  physician.  I  shall  not 
attempt  to  picture  my  surprise.  Let  it  suffice  to  say  that  I  was  struck 
dumb. 

"Mr.  White  hastily  excused  his  intrusion  and  implored  me  to  ac 
company  him  to  New  York  for  a  'plunge  in  the  Metropolitan  whirl.' 
As  I  had  some  business  which  needed  my  attention  in  New  York,  I 
consented." 

Of  New  York  law,  he  says: 

"This  is  truly  the  'Empire  State.'  I  sometimes  wonder,  as  I  look 
through  the  bars  of  my  cell,  how  such  things  can  be,  outside  the 
Russian  'Empire  State.' 

"Fortunately  for  myself,  however,  I  am  no  longer  a  citizen  of 
the  'Empire  State,'  but  am  and  have  been  since  1895,  a  citizen  of  the 
sovereign  State  of  Virginia,  which  title  to  sovereignty  I  propose  to 
see  Virginia  make  good  by  rescuing  me." 

Of  gome  other  prominent  gentlemen: 

"Plaintiff  is  far  from  being  a  pauper  and  therefore  has  no  need 
of  more  money,  plaintiff  holding  that  a  million  is  enough  for  any 
man,  but  not  holding  that  the  size  of  fortunes  should  be  limited  by 
law,  but  the  manner  of  accumulating  same  should  be  so  severely  safe 
guarded  and  shepherded  by  law  that  such  thieves  in  sheep's  clothing 
as  Ambassador  Joseph  H.  Choate,  Senior,  and  Elbridge  T.  Gerry,  and 
Francis  Lagrade  Stetson  and  the  rest  of  the  Forty  Thieves  of  Bloom- 
ingdale  would  now  be  serving  life  sentences  in  Sing  Sing. 

"Graphic  automatism"  he  defines  thus : 

"In  a  word,  the  writing  is,  as  the  name  implies,  automatic.  So 
far — but  so  far  only — as  conscious  thought,  i.  e.,  conscious  mental 
action  is  concerned,  the  hand  does  the  writing  without  the  help  of 
the  head.  In  other  words,  it  is  as  though  one  had  a  magic  pen — 
or  pencil,  since  a  pencil  is  smoother  and  easier  to  operate  than  a 
pen — that  started  out  to  write  so  soon  as  the  operator  took  it  into 
his  or  her  hand. 

GRAPHIC    AUTOMATISM    DESCRIBED. 

"The  operator  has  no  more  inkling  of  what  the  next  word  will 
be  before  the  said  magic  pen  has  written  same  than  the  onlooker. 

"All  the  operator  has  to  do  is  to  hold  the  pen  firmly  in  the 
fingers,  dip  same  into  the  ink,  and  see  the  said  graphic  automatism." 


127 

"BLOOMINGDALE"  "A  BUSINESS  PROPOSITION." 

He  produces  authorities  who  are  quoted  as  saying  that  "graphic 
automatism"  is  a  well  recognized  phenomenon,  and  that  his  trances 
were  not  signs  of  insanity. 

And  of  "Bloomingdale"  thus: 

"  'Bloomingdale,'  it  may  as  well  be  admitted,  first  as  last,  is  run 
purely  for  money,  purely  on  business  principles,  and  not  on  charitable 
ones.  Every  'patient'  within  its  walls  is  a  'pay  patient,'  and  as  high, 
a  'pay  patient'  as  the  parties  putting  him  or  her  there  can  be  squeezed 
into  making  it. 

"The  exceptions  to  this  ironclad  rule  are  a  handful  of  pauper 
lunatics  from  Westchester  County,  who  are  taken  in  free  for  the 
purpose  of  dodging  the  county  taxes  on  the  large  and  valuable  real 
estate  and  tenements  possessed  by  the  Society  of  the  New  York  Hos 
pital  in  the  city  of  White  Plains. 

"A  candidate  for  a  'certificate  of  lunacy'  is  requested  by  his  mas 
ters  therein — the  said  examining  doctors — to  stand  up  and  then  de 
liberately  throw  himself  off  his  balance  by  putting  his  feet  so  close 
together,  toes  and  heels  touching,  that  one's  equilibrium  is  menaced. 
He  is  then  commanded  to  extend  his  arms  to  their  fullest  extent, 
hands  outspread,  palms  upward  and  close  together.  He  is  then  ordered 
to  open  his  mouth,  put  out  his  tongue  and  shut  his  eyes. 

"If  he  does  not  fall  down  on  the  spot  he  is  lucky.  It  is  while 
in  the  above  described  preposterous  position  that  the  physical  observa 
tions  of  the  examiners  is  taken." 

Thus  John  Armstrong  Chaloner  presents  his  case.  He  will  know 
his  verdict  soon. 


The  Times-Dispatch,  Richmond,  Virginia,  October  17,  1906. 
JOHN    ARMSTRONG    CHAIA)NER    SPEAKS. 


MAKES    SENSATIONAL    ADDRESS    BEFORE    FRIENDS    AND 
ADHERENTS   AT   ROANOKE    RAPIDS. 


Was  Entrapped  By  White. 


WELDON,  North  Carolina,  October  16. — John  Armstrong  Chaloner 
formerly  of  New  York,  after  a  silence  of  nine  years,  made  a  sensa 
tional  speech  last  night  at  Roanoke  Rapids,  the  town  he  helped  to 
build  and  in  the  development  of  which  he  was  one  of  the  chief  pro 
moters.  He  spoke  in  the  public  school  hall,  and  his  appearance  upon 
the  rostrum  was  the  signal  for  a  tempestuous  storm  of  applause  from 
the  people  of  the  town,  who  crowded  the  building  to  the  doors.  Mr. 


128 

Chaloner  was  the  picture  of  health  and  appeared  in  fine  spirits.  He 
was  dressed  in  a  black  twilled  cutaway  coat,  steel  blue  trousers,  high 
turnover  collar,  black  and  red  silk  four-in-hand  tie,  with  a  gray  pearl 
stickpin,  patent  leather  lace  shoes. 

Before  beginning  his  speech  he  removed  his  dark  blue  melton  over 
coat,  high  derby  hat,  and  laid  aside  his  gloves  and  walking  stick,  it 
being  the  identical  yellow  Malacca  silver-headed  cane  he  walked  out 
of  prison  and  from  behind  "Bloomingdale"  bars  with. 

Mr.  Chaloner  said  that  what  he  had  to  say  was  a  fearful  comment 
upon  human  nature,  and  particularly  upon  that  class  of  human  nature 
known  as  high  society. 

He  said  he  had  been  a  victim  of  about  as  cold-blooded  and  mer 
cenary  a  plot  as  had  ever  been  heard  of.  He  spoke  with  warmth  and 
flashing  eye  when  he  said  that  he  was  lured  to  New  York  by  false 
friends  and  placed  in  "Bloomingdale"  asylum. 

Mr.  Chaloner  said  the  courts  of  Albemarle  County,  Virginia,  had 
adjudged  him  sane  and  capable  of  managing  and  taking  care  of  his 
own  property  rights,  and  he  reached  a  lofty  stage  of  eloquence  when 
he  declared  that  he  would  make  a  strong  and  persistent  effort  to  estab 
lish  to  the  world  the  just  judgment  of  the  Virginia  courts. 

Mr.  Chaloner  charged  that  on  evidence  a  plot  had  been  hatched 
by  certain  individuals  high  in  the  directorate  of  the  Roanoke  Rapids 
Power  Company  to  assess  the  stock  of  the  company  at  50  cents  on 
the  dollar  and  freeze  out  stockholders  who  could  not  or  would  not 
pay  the  assessment. 

He  said  that  he  was  the  largest  stockholder  by  1,000  shares,  owning 
3,500  shares.  "By  some  mysterious  hocus-pocus,"  he  said,  "a  referee 
is  appointed  to  sit  on  my  case  who  is  so  peculiar  as  to  object  to  an 
investment  of  my  surplus  income  to  pay  this  assessment  on  my  Roa 
noke  Rapids  Power  Company  stock,  although  the  committee  and  guard 
ian  ad  \  litem,  appointed  by  the  New  York  courts  to  protect  my  in 
terests,  highly  approved  and  eloquently  plead  for  the  protection  of 
this  valuable  stock,  particularly  as  the  assessment  amounts  to  only 
about  $17,000,  and  there  are  over  $50,000  of  accumulated  income  in 
the  hands  of  the  committee." 

A    GOOD    SPEAK  EB. 

Mr.  Chaloner  spoke  for  about  two  hours.  He  is  greatly  beloved 
at  Roanoke  Rapids,  and  it  would  be  hard  for  a  New  York  court  to 
convince  the  people  of  that  town  that  John  Armstrong  Chaloner  is  not 
in  full  possession  of  every  mental  faculty,  and  thefr  verdict  is  that 
he  is  as  sane  and  as  sound  in  body  and  mind  as  any  man  who  dares 
charge  to  the  contrary. 

Mr.  Chaloner's  enunciation  is  peculiarly  distinct,  and  his  voice  has 
a  penetrating  quality,  which  would  enable  him  to  fill  the  largest  hall 
without  apparent  effort,  and  his  voice  was  as  free  from  huskiness  at 
the  end  of  an  hour's  sustained  speaking  as  when  he  began. 


129 

Ex-Mayor  Treacy  introduced  Mr.  Chaloner,  as  the  best  friend  Roa- 
noke  Rapids  ever  had. 

Mr.  Chaloner  announced  his  subject  as  "The  Crime,  the  Cause 
and  the  Consequence." 

Mr.  Chaloner  said :  "I  was  lured  to  New  York  from  my  then  home, 
'The  Merry  Mills,'  Cobham,  Va.,  in  February,  1897,  by  my  supposed 
friend,  but  alas!  as  the  sequel  shows,  false  friend,  the  late  Mr.  Stan 
ford  White. 

"Now,  no  one  can  regret  having  to  touch  upon  the  character  of 
a  dead  man  more  than  myself,  but  unfortunately  for  the  character 
of  the  dead  man,  he  is  so  intimately  woven  into  the  web  of  my 
notorious  case  that  it  is  impossible  to  describe  the  one  without  de 
scribing  the  other. 

MYSTERIOUS. 

"There  is  something  almost  mysterious  in  the  cause  of  the  cold 
ness  that  gradually  crept  over  the  warmth  of  our  friendship,  which 
dated  back  to  1892.  There  was  no  known  to  me  cause  for  it,  except 
that  he  seemed  gradually  to  side  with  my  hostile  family  against  me. 

"As  I  said,  I  was  lured  from  my  then  home  by  Mr.  Stanford 
White.  Mr.  White  implored  me  to  'take  a  plunge  in  the  metropolitan 
whirl'  of  New  York,  and  purely  to  oblige  him  I  accepted. 

"By  this  emphatically  is  not  meant  a  plunge  behind  the  foot 
lights.  At  said  time,  more  than  ten  years  ago,  Mr.  Stanford  White 
studiously  eschewed  the  footlights. 

"When  I  got  to  New  York  a  doctor  who  had  accompanied  Mr. 
White  to  my  then  home,  'The  Merry  Mills,'  Virginia,  brought  another 
man  into  my  rooms  at  the  Hotel  Kensington,  without  asking  my  per 
mission.  This  unknown  doctor  began  to  lie  as  soon  as  he  opened  his 
mouth.  This  unknown  doctor  had  the  face  to  say  that  he  was  an 
oculist,  who  was  anxious  to  examine  my  eyes.  What  was  my  surprise 
to  find  later  on  that  said  alleged  oculist  was  what  is  called  in  New 
York  a  medical  examiner  in  lunacy.  A  few  days  later  said  'oculist' 
dropped  in  after  dark  of  a  cold  March  night,  with  snow  on  the  ground 
and  I  in  bed,  and  briefly  informed  me  that  I  was  crazy.  I  laughed 
in  his  face.  He  told  me  to  get  up  and  follow  him  out  of  doors.  He 
did  not  condescend  to  say  where.  He  concluded  by  saying  that  re 
sistance  was  useless,  since  he  had  another  doctor  in  the  next  room 
and  two  men  outside  my  door.  To  cut  a  long  story  short,  I  notified 
him  that  he  had  made  a  mistake  in  his  calculations  and  had  not 
brought  enough  men  to  carry  me  off  that  night.  He  at  once  agreed 
with  me.  Next  day  two  policemen  in  plain  clothes  presented  them 
selves,  and  I  finally,  after  reflection,  decided  to  accompany  them  to 
'Bloomingdale,'  falsely  so-called,  lunatic  asylum  at  White  Plains,  New 
York.  I  shall  simply  say  that  it  is  impossible  to  describe  the  horrors 
of  a  madhouse,  and  shall,  therefore,  not  attempt  it.  After  standing 
about  as  much  as  I  could  of  it,  I  decided  to  escape,  and  by  good 
fortune  did  so. 


130 

LEARNED   CRIMINOLOGY. 

"As  you  all  know,  or  have  heard,  this  town  was  practically  built 
by  convict  labor — I  don't  mean  the  houses,  but  the  source  of  this 
town's  prosperity:  the  water-power  plant,  so  skillfully  prospected,  and 
so  brilliantly  achieved  by  my  good  friend,  Major  Thomas  L.  Emry. 
Well,  I  was  in  command  of  a  gang  of  about  fifty  or  sixty  out  of  about 
eighty-five  convicts  making  brick.  I  used  to  work  them  hard  all  day,  and 
then  frequently  spend  my  evenings  chatting  with  them  in  the  big  cell, 
and  making  my  chat  interesting  by  rather  frequent  gifts  of  water 
melons  in  summer  and  tobacco  in  winter.  In  this  way  I  gained  the 
convicts'  confidence — and  there  were  some  tough  propositions  among 
them,  from  burglars  to  others.  Gradually  I  began  to  pump  them  and 
to  get  onto  their  little  criminal  ways.  Finally  I  became  an  expert 
criminal  in  experience,  not  act.  Well,  when  I  found  myself  behind 
the  bars  of  'Bloomingdale'  for  life,  I  smiled  a  somewhat  sarcastic 
smile,  as  I  said  to  myself,  'I'm  too  expert  a  convict  to  be  kept  for 
life  behind  any  bars.'  To  cut  this  section  of  the  story,  it  was  by 
applying  the  science  of  criminology,  which  I  had  learned  in  the  prison 
pen  at  Roanoke  Rapids,  that  I  finally,  after  nearly  four  years  of  wait 
ing  for  a  proper  opportunity  for  putting  my  said  scientific  knowledge 
into  operation,  escaped. 

"Police  and  detectives  were  put  on  my  trail,  but  as  I  had  left  no 
trail,  said  gentlemen  never  got  me. 

"Since  the  triumphant  vindication  of  my  sanity  and  competency 
in  the  County  Court  of  Albemarle  County,  Virginia,  November  6th, 
1901,  I  have  been  steadily  working  upon  my  case  against  said  falsely 
alleged  'committee,'  said  T.  T.  Sherman.  As  you  know,  I  am  a  law 
yer.  I  was  forced  to  draw  my  own  brief  because  lawyers  I  approached 
did  not  care  to  spend  the  time  or  trouble  to  brief  more  than  enough 
points  to  put  me  in  possession  of  my  property. 

A    DISGRACE. 

"The  laws  on  lunacy  procedure  in  the  State  of  New  York  are  a 
disgrace  to  the  civilization  of  that  wealthy  and  populous  State.  The 
laws  on  lunacy  procedure  in  the  State  of  New  York  are  a  disgrace 
to  any  place  less  notoriously  bad  than  Hades.  Said  law  permits  a 
man  to  be  deprived  of  his  liberty  and  practically  of  his  property  for 
life  without  notice  of  any  proceedings  being  under  way  against  his 
reason,  and  without  an  opportunity  to  appear  and  be  heard  in  his 
own  defense.  Such  a  state  of  things  is  startling,  indeed.  Such  a 
state  of  things  is  sufficiently  startling  to  startle  me  out  of  any  and 
all  desire  to  set  foot  inside  the  infernal  regions  of  New  York  without 
a  pass  out  of  Hell.  As  a  lawyer,  I  am  truly  disgusted  at  such  a 
state  of  affairs,  and  as  a  lawyer  have  I  shown  said  state  of  affairs 
surely  up  in  a  book  recently  written  by  me,  and  to  be  published  in  a 
few  days  under  the  following  title:  'Four  Years  Behind  the  Bars 
of  "Bloomingdale" :  or  The  Bankruptcy  of  Law  in  New  York,'  by  John 


131 

Armstrong  Chaloner ;  A.  B.,  A.  M.,  member  of  the  bar  of  New  York.  A 
human  document  based  upon  the  following  court  documents ;  the  pro 
ceedings  of  1897  and  1899  in  New  York;  the  proceedings  of  1901  in 
Virginia,  and  the  proceedings  of  1905  in  North  Carolina. 

"Just  here  I  shall  say  that  the  courts  of  North  Carolina  have 
openly  acknowledged  my  sanity  and  competency  by  permitting  me  to 
bring  suit  before  them. 

WANTS   A   CLEAN    RECORD. 

"I  wish  to  have  a  clean  record  mentally  and  as  a  sane  man  be 
fore  the  world  and  my  friends  here.  I  am  proud  of  your  friendly 
feelings  to  me,  and  therefore  I  want  to  clear  my  skirts  by  coming  up 
here  and  speaking  of  the  veiled  facts  in  this  case,  and  to  give  you 
an  idea  of  whether  'I  can  come  in  out  of  the  rain  or  not,'  and  of 
the  necessity  of  my  drawing  the  veil  aside  and  throwing  the  broad 
glare  of  the  calcium  on  this  matter,  for  if  I  do  not  bring  this  thing 
to  the  attention  of  the  press,  I  may  lose  my  stock  in  forty-eight  hours, 
for  all  I  know.  When  this  book  of  mine  comes  out  all  the  proof — 
and  I  have  got  it — will  be  forthcoming.  And  I  give  you  my  word 
of  honor  as  a  man  that  I  can  substantiate  everything — the  plot,  etc., 
to  get  this  stock. 

NEW    YORK    POLITICS. 

"But  Mr.  Chanler  is  not  the  only  Democratic  candidate  who  will 
bo  more  or  less  affected  by  the  disclosures  of  my,  alas!  notorious  case. 
Now,  I  approach  this  subject  with  caution,  for  the  reason  that  the 
gentleman  I  am  about  to  name  is  supposed  to  be  a  great  friend  of 
the  workingman,  and  is  supposed  to  be  an  inveterate  enemy  of  all 
illegal  law,  of  all  bad  tyrannical  law  of  any  nature  or  kind.  Now, 
I  have  been  forced  or  rather  I  have  not  been  forced,  but  I  took  the 
opportunity,  to  test  the  sincerity  of  this  very  prominent  and  very 
wealthy  gentleman,  whom  I  shall  shortly  name.  I  was  the  friend  of 
Mr.  Arthur  Brisbane,  the  right-hand  man,  and,  many  men  say,  the 
brains  of  William  Randolph  Hearst,  candidate  for  Governor  of  New 
York. 

"Now,  I  went  on  to  say  that  what  I  wrote  to  Mr.  Hearst  for  was 
this,  that  I  had  unfortunately  had  difficulty  with  various  lawyers  whom 
I  had  employed,  because  I  found,  for  various  reasons,  that  they  were 
less  interested  in  the  purifying  of  the  laws  than  they  were  in  con 
necting  with  their  fees,  and,  therefore,  I  was  forced  to  write  my  own 
brief. 

LAWYERS  "TURNED  HIM  DOWN." 

"When  I  came  to  these  lawyers  and  said  that  I  desired  this  brief 
so  that  the  outrageous  lunacy  laws  of  New  York  should  be  forever 
purged,  they  looked  at  me  good  and  hard  and  "turned  me  down." 
Then  I  set  to  work  with  the  greatest  disrust  of  my  ability  and  wrote 


132 

my  own  brief,  which  took  me  two  years  to  do.  I  found  that  with 
other  lawyers,  difficulties  arose  which  led  to  a  divorce  between  myself 
and  the  said  other  lawyers,  so  that  I  stand  alone  in  this  great  case — 
great  not  only  on  account  of  the  money,  there  being  over  a  million 
dollars  involved — but  because  of  the  fundamental  points  of  law  in 
volved  therein,  and  I  don't  propose  for  any  reason  under  heaven  to 
give  up  my  fight  to  prevent  sane  men  and  women  from  being  de 
prived  of  their  liberty  and  practically  of  their  property  for  life  by 
the  iniquitous  laws  of  New  York,  and  i  am  sorry  to  say,  of  several 
other  States,  of  which  I  am  proud  to  say  that  North  Carolina  does 
not  form  a  part,  the  lunacy  laws  of  North  Carolina  being  excellent. 
I  wanted  to  have  the  brief  plead  by  other  lawyers,  prominent  in  New 
York,  but,  finding  that  that  could  not  be  done,  I  then  mentioned  to 
Mr.  Hearst  that  I  would  be  extremely  obliged  if  he  would  get  me  a 
lawyer.  Now  I  was,  so  to  speak,  playing  the  Devil  with  one  Wil 
liam  Randolph  Hearst,  in  other  words,  I  was  playing  the  role  of  the 
Devil  as  described  in  the  New  Testament;  I  was  tempting  Brother 
Hearst  to  see  if  he  was  gold  or  merely  dross  when  it  came  to  giving 
up  money  in  a  cause  which  did  not  at  once  increase  the  circulation 
c%f  bis  papers  or  push  his  political  fortunes.  So  to  trap  Brother  Hearst 
I  gave  him  a  chance  to  show  if  there  was  'a  nigger  in  the  fence' 
of  stinginess :  I  gave  him  the  chance  to  put  up  a  fee  for  my  law 
yer  by  saying,  in  effect,  I  should  be  obliged  if  he  would  advance  the 
fee  for  this  lawyer  whom  he  would  be  good  enough  to  find  for  me 
against  my  note  of  hand  at  6  per  cent.,  payable  when  my  case  should 
be  finally  determined. 

DISGUSTED   AND    SAD. 

"I  am  disgusted,  I  am  sad,  over  finding  another  fallen  political 
angel.  I  had  hoped  Mr.  Hearst  was  as  good  as  the  face  he  puts  on ; 
that  he  was  generous  and  interested  in  abolishing  bad  laws,  and  I 
hoped  to  be  able  to  prove  that  Mr.  Hearst  was  so  disgusted  with  any 
law  that  was  not  just  and  like  'Jeffersonian  Democracy'  and  'Lincoln 
Republicanism'  that  he  would  strain  every  nerve  in  assisting  in  purify 
ing  the  lunacy  laws  of  New  York  through  the  medium  of  the  news 
papers  with  which  he  blows  his  own  horn;  but  I  was  disgusted  when 
I  found  that  he  did  not  care  a  rap  for  justice  or  liberty  or  anything 
else  that  does  not  redound  to  the  circulation  of  the  papers  of  Mr. 
William  Randolph  Hearst,  or  the  advancement  of  his  political  fortunes. 
Now,  I  am  well  aware  of  what  I  may  bring  on  my  head  for  my  little 
talk  on  this  subject  to-night,  and  I  am  perfectly  prepared  to  'stand 
the  racket'  in  any  shape  that  it  may  come.  I  felt  that  here  was  an 
opportunity  to  test  the  man;  I  felt  that  if  he  was  as  philanthropic 
and  as  public-spirited  and  intolerant  of  bad  laws  as  he  professed  to 
be,  he  would  take  hold  of  this  matter  of  the  reformation  of  the  lunacy 
laws. 

"I  set  a  trap  for  him,  and  he  fell  into  it  headfirst.  I  admire  some 
things  he  has  done,  from  fighting  the  franchise-grabbers  to  giving  soup 


133 

tickets,  because  nobody  could  be  more  opposed  to  trusts  than  your 
humble  servant,  myself;  but  I  do  believe  in  regularity  in  Democratic 
political  methods,  and  I  am  now  speaking  to  Southern  men,  and  there 
are  no  men  who  are  more  regular  in  their  political  methods  than  the 
representatives  of  this  glorious  South,  in  which  I  have  made  my  home, 
and  I  therefore  disapprove  of  the  crooked  methods  by  which  he  se 
cured  the  nomination  for  Governor  of  New  York,  by  nothing  less  than 
theft — by  unseating  legally  elected  delegates  in  sufficient  numbers  to 
make  up  the  deficit  to  his  nefarious  ends. 

"The  above  concludes  the  political  end  of  this  speech,  and  that  ig 
the  consequence  I  had  in  mind  when  I  selected  as  the  title  of  this 
speech,  'The  Crime,  the  Cause  and  the  ^Consequence.' " 

Mr.  Chaloner  reached  Weldon  at  2  o'clock  this  morning  and  boarded 
a  north-bound  train  for  Cobham,  Va. 


The  Roanoke  News,  Weldon,  North  Carolina,  October  18,  1906. 
CHALONER  ON  THE  WAR  PATH. 


MAN  WHO  WALKED  OUT  OF  BLOOMINGDALE  DETERMINED 
TO  MAKE  A  STRONG  FIGHT  FOR  HIS  RIGHTS. 


Mr.  John  Armstrong  Chaloner,  formerly  of  New  York,  but  since 
July  13th,  1905,  a  legal  resident  of  Roanoke  Rapids,  after  a  silence 
fit  nine  years,  made  a  strong  and  sensational  speech  at  Roanoke  Rapids 
Monday  night.  Mr.  Chaloner  appeared  in  perfect  health  •  and  fine 
spirits  and  looked  every  inch  capable  of  managing  his  property  rights. 
Mr.  Chaloner,  in  speaking  of  his  four  years  in  "Bloomingdale"  asylum, 
said  he  had  been  the  victim  of  as  cold-blooded  and  mercenary  a  plot 
as  had  ever  been  heard  of.  He  spoke  with  feeling  of  how  he  had 
been  lured  to  New  York  by  false  friends  and  placed  in  "Blooming- 
dale"  asylum  and  of  his  sensational  escape.  Mr.  Chaloner  said  the 
courts  of  Albemarle  County,  Virginia,  had  adjudged  him  sane  and 
sound  of  mind,  capable  of  taking  care  of  his  own  property  rights,  and 
with  forceful  language  he  assured  the  people  of  the  town  he  helped 
to  build  that  he  intended  to  make  a  strong  and  persistent  fight  to 
establish  to  all  the  world  the  truth  of  the  Virginia  courts  as  to  his 
perfect  sanity.. 

Mr.  Chaloner  spoke  of  his  book,  soon  to  be  published,  in  which  he 
will  tell  of  his  four  years  behind  the  bars  of  "Bloomingdale,"  or  the 
bankruptcy  of  the  law  in  New  York. 

Said  that  there  was  evidence  that  a  plot  had  been  hatched  by 
certain  individuals,  high  in  the  directorate  of  the  Roanoke  Rapids 
Power  Company  to  assess  the  stock  of  the  company  at  50  cents  on 
the  dollar  and  freeze  out  holders  who  could  not,  or  would  not,  pay 


134 

the  assessment.  Said  he  was  the  largest  stockholder  by  1,000  shares. 
"By  some  mysterious  hocus-pocus  a  referee  is  appointed  to  sit  on 
my  case  who  is  so  peculiar  as  to  object  to  an  investment  of  my  surplus 
income  to  pay  said  assessment  on  my  stock,  although  the  committee  and 
guardian  ad  litem,  appointed  by  the  New  York  courts  to  protect  my 
interests,  highly  approved  and  eloquently  plead  for  the  protection  of 
this  valuable  stock,  particularly  as  the  assessment  amounts  to  only 
about  $17,000,  and  there  are  over  $50,000  of  accumulated  income  in 
the  hands  of  the  committee  with  which  to  meet  this  assessment." 

Mr.  Chaloner  spoke  for  about  two  hours.  He  was  one  of  the  chief 
promoters  and  builders  of  Roanoke  Rapids,  and  for  a  long  time  this 
man  who  has  over  $1,000,000  in  his  own  right,  lived  in  a  modest 
cottage  in  the  town  he  loves,  and  where  he  is  still  held  in  the  highest 
esteem  by  the  good  people  of  that  place,  who  believe  in  his  sanity 
and  his  capability  to  manage  his  own  affairs  as  much  as  they  do  in 
their  hope  of  salvation  hereafter. 


The  News-Leader,  Richmond,  Virginia,  October  15,  1906. 
CHALONER  ON  THE  WAR  PATH. 


HAS  WRITTEN  A  BOOK  AND  WILL  BEGIN  ACTIVE  OPERATIONS 

IMMEDIATELY. 


Hero  of  Famous  Break  from  Lunatic  Asylum. 


Former  Husband  of  Amelie  Rives,  and  Member  of  Famous  New  York 
Family  Resumes  His  Fight  for  His  Property. 


After  several  years  of  silence,  John  Armstrong  Chaloner  is  about 
to  come  to  the  front  again  with  publications  and  legal  proceedings 
which  are  likely  to  be  sensational.  He  announces  that  he  has  in 
press  and  will  begin  to  distribute  the  latter  part  of  this  week  a  book 
of  500  pages,  which  is  said  by  those  who  have  seen  it  to  be  a  marvel. 

It  will  be  remembered  that  Mr.  Chaloner  is  a  member  of  a  very 
old  and  wealthy  New  York  family,  and  a  descendant  of  the  original 
Astor.  He  has  about  a  million  in  his  own  right,  but  a  number  of 
years  ago  was  incarcerated  in  the  "Blooiningdale"  asylum  in  New  York 
State  as  a  lunatic.  After  four  years  of  confinement  he  escaped  in  most 
sensationa  1  circumstances  and  disappeared,  finally  reappearing  sud 
denly  in  Albemarle  County,  this  State,  where  he  married  Amelie 
Rives,  the  author  of  "The  Quick  or  the  Dead,:'  from  whom  he  was 
afterwards  divorced  and  who  now  is  Princess  Troubetzkoy. 

Mr.  Chaloner  is  a  lawyer  by  profession  and  has  devoted  himself 
the  last  five  years  to  acquiring  a  wonderful  fund  of  information  and 
precedent  on  lunacy  laws  of  the  world,  giving  special  attention  to 


135 

those  of  New  York,  under  which  he  insists  that  any  sane  man  whose 
relatives  desire  to  obtain  possession  or  control  of  his  property  can  be 
railroaded  into  an  asylum  and  shut  in  indefinitely:  The  title  of  the 
book  is : 

Four  Years  Behind  the  Bars 
of  "Bloomingdale," 

or 
The  Bankruptcy  of  Law  in  New  York, 

by 

John  Armstrong  Chaloner,   A.   B.,  A.  M., 
Member  of  the  Bar  of  New  York. 

On  the  back  of  the  volume  is  the  inscription: 
A  Human  Document: 

Based  upon  the  following  Court  documents :  Proceedings  of  1897 
and  1899  in  New  York;  Proceedings  of  1901  in  Virginia,  and  the 
Proceedings  in  1905  in  North  Carolina. 

The  volume  is  issued  by  the  Palmetto  Press,  Roanoke  Rapids,  N. 
C.,  and  is  dated  "North  Carolina,  1906." 

Mr.  Chaloner  is  in  the  extraordinary  and  probably  unprecedented 
position  of  being  officially  and  legally  a  lunatic  in  his  own  State  of 
New  York,  unable  to  return  there  without  danger  of  arrest  and  in 
carceration,  and  deprived  of  the  control  of  his  own  property,  which  is 
in  the  hands  of  a  committee,  while  in  Virginia  and  North  Carolina 
and  elsewhere  he  is  a  free  man,  going  and  coming  as  he  pleases  and 
regarded  as  fully  competent  to  manage  his  affairs  according  to  the 
formal  judgments  of  the  court.  He  has  property  in  both  these  States, 
and  especially  large  interests  at  Roanoke  Rapids,  N.  C.,  of  which  he 
was  one  of  the  founders.  To-night  or  to-morrow  night  he  will  de 
liver  a  public  address  to  the  people  of  that  town  in  the  school-house 
or  the  Baptist  church.  He  made  a  speech  several  months  ago,  but 
this  time  he  goes  by  special  invitation,  and  his  speech  will  be  care 
fully  prepared  in  advance. 

The  book  he  has  written  and  published  is  said  to  consist  almost 
entirely  of  extracts  from  official  records,  court  judgments  and  pro 
ceedings,  etc.  He  asserts  to  his  friends  that  from  these  documents 
he  will  prove  some  of  the  leading  lawyers  of  the  New  York  bar 
have  been  guilty  of  the  most  atrocius  deceit  and  cruelty  and  of  con 
spiracy  against  his  liberty  and  property ;  and  that  he  will  show  fur 
ther  that  some  distinguished  citizens  have  been  guilty  of  flat  perjury, 
having  contradicted  themselves  exactly.  He  will  give  the  details 
of  his  escape  from  "Bloomingdale,"  which  have  not  been  published 
heretofore.  He  attacks  the  management  and  methods  of  that  instruc 
tion  fiercely  and  insists  that  it  is  living  under  an  alias  and  doing 
business  with  false  pretenses. 


136 

Mr.  Chaloner's  book  and  his  renewed  personal  activity  are  taken 
to  mean  that  after  long  preparation  he  has  enlisted  for  a  strenuous 
and  active  warfare  against  the  lunacy  laws  of  New  York  especially, 
against  those  who  have  been  instrumental  in  having  him  declared  a 
lunatic  and  incompetent,  and  for  the  recovery  of  his  property  into  'his 
own  keeping  and  the  judicial  confirmation  of  his  competency  and  rigiit 
to  manage  it.  Incidentally  he  proposes  to  show  that  advantage  has 
been  taken  of  him  while  he  was  supposed  to  be  helpless,  and  that 
the  property  has  been  so  managed  and  handled  as  to  pile  up  expenses 
against  it  and  deprive  him  of  a  considerable  part  of  his  income. 


THE  PRISON  HOUSE 


PREFACE 

To  "Hard  Cash,"  by  Charles  Reade,  D.  C.  L. 

Boston: 

Dana,  Estes  &  Company, 
Publishers. 

"Hard  Cash,"  like  "The  Cloister  and  the  Hearth,"  is  a  matter-of- 
fact  romance;  that  is,  a  fiction  built  on  truths;  and  these  truths  have 
been  gathered  by  long,  severe,  systematic  labor  from  a  multitude  of 
volumes,  pamphlets,  journals,  reports,  manuscript  narratives,  letters 
and  living  people,  whom  I  have  sought  out,  examined,  and  cross-exam 
ined,  to  get  at  the  truth  on  each  main  topic  I  have  striven  to  handle. 

The  mad-house  scenes  have  been  picked  out  by  certain  disinter 
ested  gentlemen  who  keep  private  asylums,  and  periodicals  to  puff 
them;  and  have  been  met  with  bold  denials  of  public  facts  and  with 
timid  personalities,  and  a  little  easy  cant  about  Sensationt  Novelists; 
but  in  reality  those  passages  have  been  written  on  the  same  system 
as  the  nautical,  legal,  and  other  scenes;  the  best  evidence  has  been 
ransacked;  and  a  large  portion  of  this  evidence  I  shall  be  happy  to 
show  at  my  house  to  any  brother  writer  who  is  disinterested,  and  really 
cares  enough  for  truth  and  humanity  to  walk  or  ride  a  mile  in  pur 
suit  of  them. 

CHARLES  READE. 

6  Bolton  Row,  Mayfair,  December  5,  1863. 


CORRESPONDENCE    ELICITED   BY   THE   FIRST  EDITION  OF 
"HARD   CASH." 

PRIVATE  ASYLUMS. 
To  the  Editor  of  the  Daily  News: 

Sir, — When  a  writer  of  sensation  romances  makes  a  heroine  push 
a  superfluous  husband  into  a  well,  or  set  a  house  on  fire,  in  order  to 
get  rid  of  disagreeable  testimony,  we  smile  over  the  highly-seasoned 


tThis  slang  term  is  not  quite  accurate  as  applied  to  me.  With 
out  sensation  there  can  be  no  interest ;  but  my  plan  is  to  mix  a  little 
character  and  a  little  philosophy  with  the  sensational  element. 


138 

dish,  but  do  not  think  it  necessary  to  apply  the  warning  to  ourselves, 
and  for  the  future  avoid  sitting  on  the  edge  of  a  draw-well,  or  having 
any  but  fireproof  libraries.  But  when  we  read,  as  in  the  novel  "Very 
Hard  Cash,"  now  publishing  in  "All  the  Year  Round,"  that  any  man 
may,  at  any  moment,  be  consigned  to  a  fate  which  to  a  sane  man  would 
be  worse  than  death,  and  that  not  by  the  single  act  of  any  of  our  Lady 
Audleys,  or  other  interesting  criminals,  but  as  part  of  a  regular  organ 
ized  system,  in  all  compliance  with  the  laws  of  the  land — when  we 
read  this  a  thrill  of  terror  goes  through  the  public  mind.  If  what  Mr. 
Charles  Reade  says  be  possible,  who  is  safef  Allow  me,  as  one  thor 
oughly  conversant  with  the  working  of  the  law  of  lunacy,  to  reassure 
the  minds  of  your  readers  by  informing  them  that  it  is  not  possible. 
So  many  are  the  checks  and  securities  with  which  the  legislature  has 
most  properly  surrounded  the  person  of  an  alleged  lunatic;  so  vigilant, 
patient,  and  so  zealous  in  the  discharge  of  their  duties  are  the  Com 
missioners  in  Lunacy  and  the  officially  appointed  visitors  of  the  asy 
lums  that  any  one  (not  a  sensation  writer)  imagining  that  these 
checks  and  securities  could  be  evaded,  these  visitors  hoodwinked  in 
the  way  the  author  describes,  would  himself  be  a  fit  subject  for  a  com 
mission  de  lunatico  inquirendo. 

So  far  from  commissioners  and  visitors  being  put  off  with  any 
"formula"  such  as  the  author  quotes,  (page  3)  and  believing  any 
body  rather  than  the  patient  himself,  the  exact  contrary  is  the 
fact,  and  very  properly  so.  In  my  own  cause,  Earl  Nelson,  Viscount 
Folkestone,  General  Buckley,  M.  P.,  the  Rev.  Charles  Grove,  and 
Mr.  Martin  Coats,  and  in  other  asylums  magistrates  of  equal  intelli 
gence  and  high  standing  fill  the  office  of  visitors;  and  never  in  any 
case  do  they  refuse  a  private  interview  to  any  patient  asking  it.  In 
these  interviews  no  interference  of  any  doctors  or  attendants,  or  any 
"formula"  is  possible,  and  the  visitors  will  l-'sten  even  to  the  most  in 
coherent  ravings  if  there  appears  to  be  the  slightest  clew  to  be  gath 
ered  from  them  to  any  real  grievance.  I  say  nothing  of  the  terrible 
slander  cast  upon  a  body  of  professional  men  to  which  I  am  proud  to 
belong.  There  is  no  redress  for  that.  There  are  certain  offences  with 
which  no  court  of  law  can  deal;  offences  against  decency,  good  taste, 
and  truth,  which  can  be  brought  before  no  tribunal  but  that  of  public 
opinion.  I  would  only  challenge  Mr.  Reade,  in  conclusion,  if  he  has 
the  slightest  grounds  for  any  belief  in  the  possibility  of  the  incidents 
he  has  put  in  print,  to  state  those  grounds.  Let  him  quote  his  case, 
and  openly  and  fearlessly  declare  when  and  where  such  atrocities 
occurred.  I  do  not  ask  for  one  in  all  points  resembling  that  which 
he  has  published;  but  one  that  furnishes  even  the  slightest  excuse  for 
such  a  libellous  attack  upon  those  medical  men  who,  like  myself,  prac 
tice  in  lunacy. 

I  am,  etc., 

J.  S.  BUSHNAN,  M.  D. 

Laverstock  House  Asylum,  Salisbury. 


139 

page     4)  PRIVATE  ASYLUMS. 

To  the  Editor  of  the  Daily  News: 

Sir, — My  attention  is  drawn  to  a  letter  written  to  you  by  J.  S. 
Bushnan,  M.  D.,  to  vent  a  little  natural  irritation  on  the  author  of 
"Very  Hard  Cash,"  and  lull  the  public  back  into  the  false  security 
from  which  that  work  is  calculated  to  rouse  them. 

I  pass  by  his  personalities  in  silence;  but  when  he  tells  you,  in 
the  round-about  style  of  his  tribe,  that  "Very  Hard  Cash"  rests  on  no 
basis  of  fact;  that  sane  persons  cannot  possibly  be  incarcerated  or  de 
tained  under  our  Lunacy  Acts;  that  the  gentlemen  who  pay  an  asylum 
four  flying  visits  a  year  know  all  that  passes  in  it  the  odd  three  hun 
dred  and  sixty-one  days,  and  are  never  outwitted  and  humbugged  on 
the  spot;  that  no  interference  of  doctors  or  attendants  between  visitor 
and  patient,  and  no  formulae  of  cant  and  deception  are  possible  within 
the  walls  of  a  mad-house — this  is  to  play  too  hard  upon  the  credulity 
of  the  public,  and  the  forgetfulness  of  the  press.  I  beg  to  contradict 
all  and  every  one  of  his  general  statements  more  courteously,  I  trust, 
than  he  has  contradicted  me,  but  quite  as  seriously  and  positively.  Dr. 
Bushnan  knows  neither  the  subject  he  is  writing  of,  nor  the  man  he 
is  writing  at.  In  matters  of  lunacy  I  am  not  only  a  novelist;  I  am 
alsp  that  humble  citizen  who,  not  long  ago,  with  the  aid  of  the  press, 
protected  a  sane  man  who  had  been  falsely  imprisoned  in  a  private 
lunatic  asylum;  hindered  his  recapture,  showed  him  his  legal  remedy, 
fed,  clothed,  and  kept  him  for  twelve  months  with  the  aid  of  one  true- 
hearted  friend,  during  all  which  time  a  great  functionary,  though,  paid 
many  thousands  a  year  to  do  what  I  was  doing  at  my  own  expense — 
justice — did  all  he  could  to  defeat  justice,  and  break  the  poor  suitor's 
back  (page  5)  and  perpetuate  his  stigma  by  tyrannically  postponing, 
and  postponing,  and  postponing,  and  postponing  his  trial  to  please 
the  defendant.  At  last  this  great  procrastinator  retired,  and  so, 
that  worst  enemy  of  justice,  "the  postponement  swindle,"  died,  and 
by  it's  death  trial  by  jury  rose  again  from  the  dead,  even  for  an 
alleged  lunatic.  Well,  sir,  no  sooner  did  we  get  him  before  thirteen 
honest  men  in  the  light  of  day,  than  this  youth — whom  the  mad  doc 
tors  had  declared  and  still  declare  insane,  whom  two  homuncules,  com 
missioners  in  lunacy,  had  twice  visited  in  the  asylum,  and  conversed 
with,  and  done  nothing  whatever  towards  his  liberation — stood  up 
eight  hours  in  the  witness-box,  was  examined,  cross-examined,  bad 
gered;  yet  calm,  self-possessed,  and  so  manifestly  sane  that  the  de 
fendant  resigned  the  contest,  and  compounded  the  inevitable  damages, 
giving  us  a  verdict,  the  costs,  fifty  pounds  cash,  and  an  annuity  of  one 
hundred  pounds  a  year. 

All  this,  says  Dr.  Bushnan,  is  impossible. 

I  closely  examined  this  youth  as  to  his  fellow-patients,  and,  as  he 
could  minutely  describe  the  illusions  of  the  insane  ones,  I  find  it  hard 


140 

to  doubt  his  positive  statement  that  two  patients  in  that  same  house 
were  perfectly  sane. 

Of  course,  the  main  event  I  have  related  made  some  noise;  real 
and  alleged  lunatics  heard  there  was  a  Quixotic  ass  in  this  island  who 
would,  in  his  unguarded  moments,  give  away  justice  at  his  own  ex 
pense  instead  of  selling  it  for  so  many  thousands  a  year  and  not  de 
livering  the  article;  and  I  was  inundated  with  letters  and  petitions, 
and  opened  a  vein  of  private  research  by  which  the  readers  of  "Hard 
Cash"  will  profit;  all  except  Dr.  Bushnan.  A  lady  called  on  me  and 
asked  me  to  get  her  sister  out  of  a  private  asylum,  assuring  me  she 
was  sane,  and  giving  me  proofs.  Having  observed  that  to  get  out  of 
an  asylum  you  must  first  be  out  of  it,  I  cudgelled  my  brains,  (page  6) 
and  split  this  prisoner  in  half;  I  drew  up  a  little  document  author 
izing  a  certain  sharp  attorney  to  proceed  in  law  or  equity  for  her 
relief;  and  sent  her  sister  into  the  asylum  to  get  it  signed  by  the 
prisoner.  She  did  sign  it,  and  thus  armed,  her  other  self,  the  attor 
ney,  being,  outside  the  asylum,  was  listened  to,  though  a  deaf  ear  had 
always  been  turned  to  her.  After  a  correspondence,  which  has  served 
me  as  a  model  in  the  current  number  of  "Hard  Cash,"  after,  in  vain, 
suggesting  her  discharge  to  the  parties  pecuniarily  interested  in  de 
taining  her,  the  board  actually  plucked  up  courage  and  discharged  her 
themselves.  We  all  saw  her  often  after  this,  and  were  hours  in  her 
company.  She  was  perfectly  sane,  as  sane  as  I  am,  and  much  saner 
than  some  of  the  mad  doctors  are  at  this  hour,  as  time  will  show. 
This  case  opened  another  vein  of  research,  and  my  detective  staff  was 
swelled  by  a  respectable  ex-attendant  (female)  who  gave  me  the  names 
of  two  or  three  sane  ladies  at  that  time  in  durance  vilest  to  her  knowl 
edge.  Three  years  after  the  supposed  date  of  Alfred  Hardie's  impossible 
incarceration  came  the  flagrant  case  of  Matthew  v.  Harty,  some  of  whose 
delicious  incidents  have  been  used  in  "Hard  Cash,"  and  will  be  con 
tradicted  by  humbugs  and  condemned  as  improbable  by  gulls;  at  least 
I  venture  to  hope  so.  The  defendant  was  one  of  that  immaculate  class, 
to  criticize  some  of  whom,  if  I  understand  Dr.  Bushnan  aright,  is  to 
libel  the  whole  body;  and  the  plaintiff  was  a  distinguished  young 
scholar  in  Dublin.  Defendant  enticed  him  into  a  mad-house,  and  there 
left  him  in  a  common  flagged  cell;  but  to  amuse  his  irrational  mind, 
lent  him  what?  Peter  Parley,  or  Dr.  Littlewit's  conjectures  about  the 
intellect  of  Hamlet?  Oh,  dear!  no;  "Stack's  Optics,"  "Lloyd's  Me 
chanical  Philosophy,"  "Brinkley's  Astronomy,"  Cicero  de  Offlciis,"  and 
"Stock's  Lucian." 

(page  7)  Enter  the  official  inspector;  is  appealed  to,  admits  his 
sanity,  promises  to  liberate  him,  and  with  that  promise  dismisses  the 
matter  from  his  official  mind,  and  goes  his  way  contented.  This  was 
sworn  to  and  not  contradicted.  Then  comes  Dr.  Harty  and  urges  him 
to  confession  in  these  memorable  words,  sworn  to,  and  not  contradicted. 
"Your  safety  will  consist  in  acknowledging  you  are  insane,  and  your 
sanity  will  appear  by  admitting  your  insanity."  Matthew  saw  the 


141 

hook,  and  declined  the  bait.  Now  there  was  in  this  asylum  a  boy 
called  Hoolahan,  whose  young  mind  had  not  been  poisoned,  and  whose 
naked  eye  was  as  yet  undimmed  by  the  spectacles  of  cant  and  preju 
dice.  So  he  saw  at  a  glance  Matthew  was  sane,  and,  not  being  paid 
a  thousand  a  year  to  pity  him,  pitied  him. 

Hoolahan  took  a  letter  to  Matthew's  colleg;e  chum.  In  that  letter 
Matthew  poured  out  his  wrongs  and  his  distress.  But  suppose  it 
should  be  intercepted?  Matthew  provided  against  this  contingency; 
he  couched  his  letter  in  Ciceronian  Latin,  humbly  conceiving  that  this 
language  would  puzzle  the  doctors  as  much  as  the  Latin  in  their  pre 
scriptions  would  puzzle  Cicero.  Mr.  Hall  got  the  letter,  and  not  being 
paid  to  protect  alleged  lunatics,  took  the  matter  up  in  earnest,  and 
so  frightened  Dr.  Harty  that  he  discharged  Matthew  at  once;  and  said, 
"Now,  don't  you  be  induced  to  bother  me  about  this  trifle;  I'm  an  old 
man,  and  going  to  die  almost  immediately."  On  this  Matthew  took  the 
alarm,  and  served  a  writ  on  him  without  loss  of  time.  The  cause  came 
on,  and  was  urged  and  defended  with  equal  forensic  ability.  But  evi 
dence  decides  cases,  and  the  plaintiff's  evidence  was  overpowering. 
Then  the  defendant,  despairing  of  a  verdict,  bethought  him  how  he 
might  lower  the  inevitable  damages;  he  instructed  his  counsel  to  re 
veal  that  "the  young  man  who  was  now  prosecuting  him  to  (pag,e  8) 
death  was  his  own  illegitimate  son." 

At  this  revelation,  ably  and  feelingly  introduced  by  Counsellor 
Martly,  the  sensation  was,  of  course,  immense,  and  being  in  Ire 
land,  a  gallery  came  down  just  then  and  the  coup  de  theatre  was  per 
fect.  Many  tears  were  shed;  the  public  was  moved;  the  plaintiff  still 
more  so.  For  it  is  not  often  that  a  man,  who  has  passed  for  an  orphan 
all  his  life,  can  plant  a  writ  and  reap  a  parent.  "Japhet  in  Search  of  a 
Father"  should  have  wandered  about  serving  writs.  The  jury  either 
saw  that  the  relationship  was  irrelevant  in  a  question  so  broad  and 
civic,  or  else  they  were  fathers  of  another  stamp,  and  disapproved  of 
tender  parents  who  disown  their  offspring  for  twenty-four  years,  and 
then  lock  them  up  for  mad,  and  only  claim  kindred  in  court  to  miti 
gate  damages.  At  all  events  they  found  for  Mr.  Matthew,  with  dam 
ages  one  thousand  pounds. 

All  this,  says  Dr.  Bushnan,  was  utterly  impossible.  Well,  the  im 
possibility  in  question  disguised  itself  as  fact,  and  went  through  the 
hollow  form  of  taking  place,  upon  the  llth,  12th,  and  13th  December, 
1851,  and  the  myth  is  recorded  in  the  journals,  and  the  authorized  re 
port  by  Elrington,  jun.,  and  W.  P.  Carr,  barrister  at  law,  is  published 
in  what  may  be  an  air  bubble,  but  looks  like  a  pamphlet  by  M'Glashan, 
50  Upper  Sackville  street,  Dublin.  But  I  rely  mainly  on  the  private 
cases,  which  a  large  correspondence  with  strangers,  and  searching  in 
quiry  amongst  my  acquaintances,  have  revealed  to  me;  unfortunately 
these  are  nearly  always  accompanied  with  a  stipulation  of  secrecy;  so 
terrible,  so  ineradicable,  is  the  stigma.  Hall  v.  Semple  clearly  adds 
its  mite  of  proof  that  certificates  of  insanity  are  still  given  recklessly; 


142 

but  to  show  you  how  strong  I  am,  I  do  not  rely  at  all  on  disputable 
cases  like  Nottldge,  Ruck,  and  Leech;  though  in  the  two  latter  of  these 
cases  the  press  leaned  strongly  against  the  insanity  of  the  prisoners, 
and  surely  the  press  is  less  open  to  prejudice  in  this  matter  than  Dr. 
Bushnan  is,  who  dates  his  confident  conjectures  from  a  madhouse, 
(page  9)  It  seems  I  have  related  in  "Hard  Cash"  that  in  one  asylum 
(not  Dr.  Wycherley's),  when  Alfred  Hardy  went  to  complain  to  a 
visitor,  a  keeper  interfered  and  said,  "Take  care,  sir,  he  is  dangerous." 

And  this  I  then  and  there  call  a  formula,  one  out  of  many. 
"Dreamer,"  says  Dr.  Bushnan,  "there  are  no  such  things  as  formulae 
in  madhouses;  and  no  interference  between  patient  and  inspector  is 
possible,  for  there  are  none  in  my  asylum,  and  therefore  there  can  be 
none  in  any  other."  Oh,  logic  of  psychologicals! 

Mr.  Drummond,  in  a  debate  on  lunacy,  testified  as  follows:  "Now 
the  honorable  gentleman  had  remarked  that  it  was  very  easy  for  per 
sons  in  these  establishments  who  had  a  complaint  to  make  to  make  it. 
Was  it  really  so?  (Hear,  hear.)  He  thought  otherwise.  He  could 
only  say  that,  whenever  he  had  visited  an  asylum  and  went  up  to  a 
lunatic  who  had  stated  that  he  had  a  ground  of  complaint,  some  keeper 
immediately  evinced  an  unusual  interest  in  his  personal  welfare,  and 
cautioned  him,  saying,  'Take  care,  sir!  he  is  a  very  dangerous  man.' 
(Hear.)  The  length  of  this  letter,  which,  after  all,  but  skims  the  mat 
ter,  arises  out  of  the  importance  of  the  subject,  and  the  nature  of  all 
argument  based  on  evidence.  It  takes  but  a  few  lines  to  make  many 
bold  assertions,  and  to  challenge  Mr.  Reade  to  prove  them  false.  But 
the  Readian  proofs  cannot  be  so  compressed.  "Plus  negabit  in  una 
hora  unus  doctor,  quam  centum,  docti  in  centum  annis  probaverint." 

I  conclude  by  begging  you  to  find  space  for  the  following  extract 
from  a  respectable  journal.  I  have  many  such  extracts  in  my  London 
house:  this  one  is  a  fair  representative  of  the  press,  and  of  its  con 
victions  and  expressions  at  the  time  when  it  issued:  Extract — "Here 
are  two  cases  (Mrs.  Turner  and  Mr.  Leach):  We  have  before  us 
the  particulars  of  a  third,  but  we  are  not,  unfortunately,  in  a  condi 
tion  to  publish  the  names.  Suffice  it  to  say  that  an  unfortunate 
(page  10)  gentleman  who  had  been  suffering  from  bodily  disorder, 
which  finally  affected  his  brain,  but  who  was  not  mad,  was  incarce 
rated  in  one  of  those  horrid  dens  which  are  called  private  lunatic 
asylums,  and  there  confined  for  months.  By  his  own  account  he  was 
treated  with  the  greatest  cruelty,  strapped  down  to  a  bed  with  broad 
bands  of  webbing,  and  kept  there  until  it  was  supposed  he  was  dying. 
The  result  we  will  state  in  the  sufferer's  own  words:  "My  back,  from 
lying  in  one  constrained  posture,  was  a  mass  of  ulcerated  and  slough 
ing  sores;  my  right  hand  was  swollen  enormously,  and  useless;  and 
two  fingers  of  the  left  hand  were  permanently  contracted,  and  the 
joints  destroyed.  I  also  lost  several  front  teeth."  Thisi  poor  man  at 
last  obtained  his  liberty,  and  applied  to  the  commissioners  for  redress. 
Their  letter  in  reply  is  now  before  us.  The  commissioners  merely  say 


143 

that,  although  they  do  not  in  any  degree  impugn  the  integrity  of  the 
complainant's  statements,  they  are  not  of  the  opinion  that  inquiry 
would  answer  any  good  purpose.  They  add,  however,  that,  "in  order 

to  mark  their  opinion  on  the  subject  they  have  granted  Mr 

a  license  provisionally  for  the  limited  period  of  four  months  only,  and 
that  the  renewal  will  depend  upon  the  condition  and  management  of 
his  establisment  being  entirely  satisfactory  in  the  meantime."  (As  if 
any  great  criminal  would  not  undertake  to  behave  better  or  more  cau 
tiously  if,  after  detecting  him  by  a  miracle,  we  were  weak  enough  to 
bribe  him  to  more  skillful  hypocrisy  by  the  promise  of  immunity.) 
Poor  consolation  this  for  all  the  misery  the  wretched  sufferer  had  un 
dergone.  Here,  then,  are  three  cases  following  one  upon  the  other  in 
rapid  succession.  How  many  remain  behind  of  which  we  know  noth 
ing?  The  fact  would  appear  to  be  that  under  existing  arrangements 
(page  11)  any  English  man  or  woman  may,  without  much  difficulty, 
be.  incarcerated  in  a  private  lunatic  asylum  when  not  deprived  of 
reason.  If  actually  deprived  of  reason  when  first  confined  patients 
may  be  retained  in  duress  when  their  cure  is  perfected,  and  they  ought 
to  Ve  released. 

I  am,  etc., 

THE  AUTHOR  OF  "VERY  HARD  CASH." 

Magdalen  College,  Oxford,  October  23,  1863. 

To  this  letter  I  hear  Dr.  Bushnan  has  replied  down  in  the  country. 
By  this,  and  by  his  not  sending  me  a  copy,  may  I  not  infer  he  prefers 
having  it  all  his  own  way  in  the  neighborhood  of  his  asylum  to  en 
countering  me  again  before  the  nation? 

The  extract  above  quoted  is,  I  believe,  from  the  Times,  and  was 
accompanied  by  an  admirable  letter  of  three  columns,  thus  entitled: 

LUNATIC  ASYLUMS  AND  THE  LUNACY  LAW. 

(By  a  Physician.) 

This  honest  inquirers  should  read,  and  also  the  newspaper  reports 
of  false  imprisonment  and  cruelty,  during  the  last  twelve  years,  and 
the  contemporaneous  comments  of  the  press,  before  deciding  to  over 
rate  my  imaginative  powers,  and  underrate  my  sincerity,  and  my 
patient,  laborious  industry. 

In  January,  1870,  the  editor  of  the  Pall  Mall  Gazette  drew  attention 
to  the  fact  that  several  lunatics  had  died  of  broken  ribs  in  varous  asy 
lums,  and  that  the  attendants  had  furnished  no  credible  solution  of  the 
mystery.  This  elicited  the  following  letter  from  the  author  of  "Hard 
Cash"  : 

How  LUNATICS'  RIBS  GET  BROKEN. 

To  the  Editor  of  the  Pall  Mall  Gazette: 

Sir, — The  Pall  Mall  Gazette,  January  15,  deals  with  an  important 
question,  "the  treatment  of  lunatics,"  and  inquiries,  inter  alia,  how 


144 

(page  12 )>  Santa  Nistri  came  to  have  his  breastbone  and  eight  ribs 
fractured  at  Hanwell;  and  how  other  patients  have  died  at  the  same 
place  of  similar  injuries;  and  how  William  Wilson  came  to  have 
twelve  ribs  broken  the  other  day  at  the  Lancaster  County  Asylum. 
The  question  is  grave;  the  more  so,  that,  by  every  principle  of  statis 
tics,  scores  of  ribs  must  be  broken,  one  or  two  at  a  time,  and  nobody 
the  wiser,  under  a  system  which  rises  periodically  to  such  high  figures 
of  pulverization,  and  so  lets  in  the  faint  light  of  an  occasional  inquest, 
conducted  by  credulity  in  a  very  atmosphere  of  mendacity.  I  have 
precise  information,  applicable  to  these  recent  cases,  but  not  derived 
from  them,  and  ask  leave  to  relate  the  steps  by  which  the  truth  came 
to  me. 

On  the  2d  January,  1851,  Barnes,  a  lunatic,  died  at  Peckham 
House,  with  an  arm  and  four  ribs  broken.  The  people  of  the  asylum 
stuck  manfully  together,  and  agreed  to  know  nothing  about  it;  and 
Justice  would  have  been  baffled  entirely,  but  for  Donnelly,  an  insane 
patient — he  revealed  that  Hill,  a  keeper,  had  broken  the  man's  bones. 
Hill  was  tried  at  the  Central  Criminal  Court,  and  convicted  of  man 
slaughter  on  Donnelly's  sole  evidence,  the  people  of  the  asylum  main 
taining  an  obdurate  silence  to  the  end.  About  1858,  I  think,  a  lunatic 
patient  died  suddenly,  with  his  breastbone  and  eight  ribs  broken,  which 
figures  please  compare  with  Santa  Nistri's.  As  it  had  taken  a  keeper 
to  break  the  five  bones  of  Barnes,  nobody  believed  that  accident  had 
broken  the  nine  bones  of  Seeker;  that,  I  think,  was  the  victim's  name; 
but  this  time  the  people  of  the  asylum  had  it  all  their  own  way;  they 
stuck  manfully  together,  stifled  truth,  and  baffled  justice.  (See  the 
Ninth  Report  of  the  Commissioners  in  Lunacy,  p.  25.)  Late  in  July, 
1858,  there  was  a  ball  at  Colney  Hatch.  The  press  were  invited,  and 
came  back  singing  the  praises  of  that  blessed  retreat  What  order! 
(page  IS)  What  gayety!  What  non-restraint! 

0  fortunatos  nimium  sua  si  bona  no-Tint  lunaticos. 

Next  week  or  so  Owen  Swift,  one  of  the  patients  in  that  blest 
retreat,  died  of  the  following  injuries:  breastbone  and  eleven  ribs 
broken,  liver  ruptured.  Varney,  a  patient — whose  evidence  reads  like 
that  of  a  very  clear-headed  gentleman  if  you  compare  it  with  the  doc 
tor's  that  follows  it — deposed  to  this  effect:  Thursday,  at  dinner-time, 
Swift  was  in  good  health  and  spirits  and  more  voluble  than  Slater, 
one  of  the  keepers,  approved.  Slater  said,  "Hold  your  noise."  Swift 
babbled  on.  Slater  threw  the  poor  man  down,  and  dragged  him  into 
the  padded  room,  which  room  then  resounded  for  several  minutes 
with  "a  great  noise  of  knocking  and  bumping  about"  and  with  the 
sufferer's  cries  of  agony  till  these  last  were  choked,  and  there  was 
silence.  Swift  was  not  seen  again  till  Saturday  morning;  and  then, 
in  presence  of  Varney,  he  accused  Slater  to  his  face  of  having  mal 
treated  him,  and  made  his  words  good  by  dying  that  night  or  the  very 
next  morning.  This  evidence  was  borne  out  by  the  state  of  the  body 
fractured  sternum,  and  eleven  fractured  ribs),  and  not  rebutted  by 


145 

any  direct,  or,  indeed,  rational  testimony.  Yet  the  accused  was  set 
free.  But  the  press  and  the  country  took  the  decision  ill.  A  Mid 
dlesex;  magistrate  wrote  to  the  Times,  August  21,  1860,  to  remon 
strate,  and  drew  attention  to  a  previous  idiotic  verdict  in  a  similar 
case.  And  whereas  the  medical  man  of  the  establishment  had 
assisted  to  clear  the  homicide  by  his  own  ignorance  of  how  bones  can 
be  broken  wholesale  without  proportionate  bruises  or  flesh  wounds, 
a  correspondent  of  the  Daily  Telegraph  enlightened  his  professional 
ignorance  on  that  head,  and  gave  the  public  the  only  adequate  solution 
of  Owen  Swift's  death,  which  had  been  either  spoken  or  written  up 
that  day. 
(page  14)  That  one  adequate  solution  was  the  true  one. 

Daily  Telegraph,  August  8,  1860.  Time,  1862.  Place,  Hanwell. 
Matthew  Geoghegan,  a  patient,  refused  to  go  to  bed.  Jones,  a  keeper, 
threw  him  down,  and  kicked  him  several  times;  then  got  a  stick  and 
beat  him;  then  he  got  a  fire-shovel  and  beat  him;  then  jumped  on  his 
body;  then  walked  up  and  down  his  body;  of  which  various  injuries 
the  man  died,  not  immediately,  but  yet  so  speedily  that  the  cuts  and 
bruises  were  still  there  to  show  what  had  killed  him.  Bone,  a  brick 
layer,  and  eye-witness  of  the  homicide,  swore  to  the  above  facts.  Linch, 
Bone's  laborer,  another  eye-witness,  swore  to  the  same  facts.  The 
resident  engineer  swore  that  Bone  and  Linch  were  both  true  men. 

Dr.  Jepson  had  found  the  man  with  bruises,  one  of  which,  on  his 
abdomen,  had  been  caused  by  the  heel  of  a  boot.  Per  contra,  a  doctor 
was  found  to  swear  as  follows:  "I  swear  that  I  think  he  died  of  pleuro- 
pneumonia.  I  swear  that  /  don't  know  whether  his  external  injuries 
contributed  to  his  death."  And  upon  this,  though  no  pleuro-pneumonia 
could  be  shown  in  the  mutilated  body,  though  Bone  and  Linch,  disin 
terested  witnesses,  deposed  to  plain  facts,  and  the  doctor  merely  de 
livered  a  wild  and  improbable  conjecture,  and  then  swore  to  his  own 
ignorance  on  the  point  in  doubt,  if  doubt  there  could  be;  yet  this 
jury,  with  their  eyes  to  confirm  what  their  ears  heard  sworn,  and 
their  ears  to  confirm  what  their  eyes  saw  written  on  the  mangled 
corpse,  actually  delivered  the  following  verdict: 

"Deceased  died  after  receiving  certain  injuries  from  external  vio 
lence  but  whether  the  death  was  occasioned  by  natural  causes,  or  by 
such  violence  there  was  not  sufficient  evidence  to  show."  They  then 
relieved  their  consciences  in  the  drollest  way.  They  turned  round  on 
Bone  and  Linch,  and  reprimanded  them  severely  for  not  having  inter 
fered  to  prevent  the  cruelty,  which  they  themselves  were  shielding 
in  the  present  and  fostering  in  the  futrue  by  as  direct  a  lie  as  ever 
(page  15)  twelve  honest  men  delivered. 

Suppose  the  bricklayer  and  his  man  had  replied,  "Why,  look 
ye,  gentlemen;  we  came  into  the  madhouse  to  lay  bricks,  not  to  do 
justice.  But  you  came  into  the  madhouse  to  do  justice.  We  should 
have  lost  our  bread  if  we  had  interfered;  but  you  could  have  afforded 
to  play  the  men — and  didn't."  I  enclose  herewith  the  evidence  of  the 


146 

bricklayers,  and  the  sworn  conjectures  of  the  doctor,  in  re  Ocoghegan; 
also  the  evidence  of  the  doctor,  and  of  the  comparatively  clear-headed 
lunatic  in  re  Sicift.  About  this  time  my  researches  into  the  abuses 
of  private  asyla  (which  abuses  are  quite  distinct  from  the  subject  in 
hand)  brought  me  into  contact  with  multifarious  facts,  and  with  a 
higher  class  of  evidence  than  the  official  inquirers  permit  themselves 
to  hear.  They  rely  too  much  on  medical  attendants  and  other  servants 
of  an  asylum,  whose  interest  it  is  to  veil  ugly  truths  and  sprinkle 
hells  with  rose-water.  I,  on  the  contrary,  examined  a  number  of  ex- 
patients  who  had  never  been  too  mad  to  observe,  and  ex-attendants, 
male  and  female,  who  had  gone  into  other  lines  of  life,  and  could 
now  afford  to  reveal  the  secrets  of  those  dark  places.  The  ex-keepers 
were  all  agreed  in  this — that  the  keepers  know  how  to  break  a  patient's 
bones  without  bruising  the  skin;  and  that  the  doctors  have  been  duped 
again  and  again  by  them.  To  put  it  in  my  own  words,  the  bent  knees, 
big  bluntish  bones,  and  clothed,  can  be  applied  with  terrible  force, 
yet  not  leave  their  mark  upon  the  skin  of  the  victim.  The  refractory 
patient  is  thrown  down  and  the  keeper  walks  up  and  down  him  on  his 
knees,  and  even  jumps  on  his  body,  knees  downwards,  until  he  is 
completely  cowed.  Should  a  bone  or  two  be  broken  in  this  process,  it 
does  not  much  matter  to  the  keeper;  a  lunatic  complaining  of  internal 
injury  is  not  listened  to.  He  is  a  being  so  full  of  illusions  that  nobody- 
believes  in  any  unseen  injury  he  prates  about. 

(page  16)  In  these  words,  sir,  you  have  the  key  to  the  death  of 
Barnes,  of  Seeker,  if  that  was  the  man's  name;  and  of  other  victims 
recorded  by  the  commissioners,  of  Nistri,  and  of  William  Wilson,  at 
Lancaster. 

I  hope  this  last  inquiry  has  not  been  weakly  abandoned.  It  is  a 
very  shocking  thing  that  both  brute  force  and  traditional  cunning 
should  be  employed  against  persons  of  weak  understanding,  and  that 
they  should  be  so  often  massacred,  so  seldom  avenged.  Something 
might  be  done  if  the  people  of  Lancashire  would  take  the  matter  seri 
ously.  The  first  thing  they  should  do  is  to  inquire  whether  the  keeper 
who  killed  a  stunted  imbecile  by  internal  injuries  in  the  Lancaster 
Asylum,  May,  1863,  is  still  in  that  asylum.  See  Public  Opinion,  No 
vember  19,  1863.  The  next  step  is  to  realize  and  act  upon  the  two  fol 
lowing  maxims: 

First,  it  is  the  sure  sign  of  a  fool  to  accept  an  inadequate  solution 
of  undeniable  facts. 

Secondly,  to  advance  an  inadequate  solution  of  facts  so  indis 
putable  as  twelve  broken  ribs  is  a  sign  either  of  guilt  or  guilty  con 
nivance.  Honest  men  in  Lancashire  should  inquire  who  first  put 
forward  some  stupid,  impudent  falsehood  to  account  for  the  twelve 
broken  ribs  of  Wilson.  The  first  liar  was  probably  the  homicide,  or 
an  accomplice.  Just  to  prove  the  importance  I  attach  to  this  inquiry, 
permit  me,  through  your  columns,  to  offer  a  reward  of  a  hundred 
pounds  to  any  person  or  persons  who  will  give  such  evidence  as  may 


147 

lead  to  the  conviction,  of  the  person  or  persons  who  have  killed  William 
Wilson,  by  kneeling  on  him,  by  walking  knees  downwards  upon  him, 
and  jumping  knees  downwards  upon  him.  It  is  interest  that  closes 
men's  mouths  in  these  dark  places.  We  must  employ  the  same  instru 
ment  to  open  them;  it  is  our  only  chance. 

I  am,  sirs,  yours  very  faithfully, 

CHARLES  READE. 
2  Albert  Terrace,  Knightsbridge, 
January  17,  1870. 


ALADDIN  AND  HIS  WON 
DERFUL  LAMP 


BIOGRAPHICAL. 

Wood,  Horatio  €urtis,  M.  D.,  born  Philadelphia,  Jan.  13,  1841. 
Graduate  M.  D.  University  of  Pennsylvania,  1862;  Professor  Botany, 
1860-76;  Professor  Therapeutics  since  1876;  also,  since  1875  Clinical 
Professor  Diseases  of  the  Nervous  System  University  of  Pennsylvania; 
has  written  numerous  scientific  treatises:  Editor,  1870-73,  of  "New 
Remedies"  ;  Editor,  1873-80,  Philadelphia  "Medical  Times"  ;  since 
1884  Editor  Therapeutic  Gazette;  also  edited  United  States  Dispen 
sary;  Author  of  "Materia  Medica  and  Therapeutic"  ;  "Brain  Work  and 
Over  Work"  ;  "Nervous  Diseases  and  their  Diagnosis"  ;  "Thermic 
Fever,  or  Sunstroke"  ;  "The  Algae  of  North  America"  (Smithsonian 
Contributions) ;  "The  Phalangidae  of  the  United  States"  ;  "Researches 
Upon  American  Hemp,"  etc.  Member  of  National  Academy  of  Sciences 
since  1879.  Address:  1925  Chestnut  Street,  Philadelphia. 

— From  Who's  Who  in  America. 

(Statement  by  Dr.  Horatio  Curtis  Wood.) 

December  10th,  1900. 

Dictated  by  Dr.  H.  C.  Wood,  in  the  presence  of  Mr.  Childe.t 
"John  Armstrong  Chaloner  graduated  from  Columbia  College  in 
1883,  with  the  degree  of  B.  A.;  in  1884,  received  degree  of  M.  A.; 
studied  for  M.  A.,  psychology  and  philosophy  especially;  admitted  to 
the  New  York  Bar  in  1885;  married  in  1888;  divorced  in  1895,  after 
a  long  period  of  disagreement  and  coolness;  divorce  given  on  the 
ground  of  incompatibility. 

Very  active  business  man.  Always  kept  up  to  some  extent  hts 
interest  in  psychology.  In  1893  first  noticed  what  he  calls  "premoni 
tions";  meaning  by  that,  that  after  thinking  over  a  subject  over  night, 
mapping  out  a  course  of  action,  he  would  wake  up  in  the  morning 
with  a  feeling  of  exhilaration,  of  depression,  or  of  indifference.  When 
exhilarated  always  found  his  plan  was  judicious  and  things  went  well; 


tPlaintiff's,  John  Armstrong  Chaloner's,  alias  in  Philadelphia. 
Since  the  police  were  on  plaintiff's  track  at  said  time  great  caution 
had  to  be  employed  to  shield  plaintiff's  identity. 


149 

•when  depressed  found  it  always  wise  to  modify  to  a  greater  or  less 
degree  his  plan  of  action;  indifference  meant  there  was  going,  to  be 
nothing  of  interest  that  day.  Also  when  he  had  made  uo  plans  would 
have  similar  feelings;  and  found  the  feeling  of  exhilaration  preceded 
a  day  of  good  fortune,  of  depression  a  day  of  things  going  wrong; 
indifference  meant  just  indifference. 

Latter  part  of  December,  1896,  accidentally  discovered  that  at  cer 
tain  times  and  conditions,  if  he  would  take  a  pencil  in  his  hand  it 
would  write  without  his  making  conscious  effort  or  giving  direction. 
At  times  the  pencil  would  write  nonsense.  (Mr.  Chaloner  explains:) 
"This  'nonsense'  was  not  incoherent  in  the  slightest  degree;  grammar 
was  correct;  sense  always  perfectly  plain;  only  the  'nonsense'  referred 
to  impossible  statements  and  alleged  prophecies  about  me.  At  other 
times  the  writing  would  refer  to  business  or  other  personal  matters, 
and  give  judgment  and  reasons  which  were  sound  and  often  borne 
out  in  fruits.  At  one  time,  Mr.  Chaloner,  to  test  the  accuracy  of  this 
judgment,  speculated  under  the  direction  of  the  writing  in  a  small 
way  in  Wall  Street;  (Mr.  Chaloner)  'A  few  hundred  dollars"  with 
successful  result.  Never  did  this  again.  (Mr.  Chaloner)  "Never 
would  it  suggest  speculation  again."  Shortly  after  the  development 
of  "graphic  automatism"  (words  first  used  by  Mr.  Chaloner  himself), 
Mr.  Chaloner  found  that  he  at  times  could  talk  in  the  same  way,  his 
vocal  utterances  being  unconnected  with  conscious  cerebration.  The 
following  is  Mr.  'Chaloner's  statement  as  to  the  way  in  which  he  first 
passed  into  the  condition  which  he  terms  "Napoleonic  trance."  (Of 
his  own  accord,  Mr.  Chaloner,  has  denominated  previous  to  any  inter 
view  with  me,  this  faculty  of  vocal  or  graphic  automatism  as  "X- 
Faculty.")  Mr.  Chaloner  states  as  follows: 

"In  communicating  with  my  "X-Faculty"  by  means  of  vocal 
automatism  which  is  also  one  of  my  trance-like  states,  I  was  informed 
by  my  "X-Faculty"  that  it  would  like  me  to  go  into  a  Napoleonic 
trance.  It  gave  me  to  understand  that  I  would  represent  the  death  of 
Napoleon  Bonaparte  by  so  doing,  and  that  ray  features,  when  my  eyes 
were  closed,  and  face,  would  resemble  strongly  those  of  the  dead  Napo 
leon  Bonaparte.  This  was  in  February,  1897,  upon  or  shortly  after 
my  arrival  at  the  Hotel  Kensington,  New  York  City.  My  "X-Faculty" 
did  not  tell  me  what  to  do  in  order  to  produce  the  so-called  Napoleonic 
trance;  it  merely  informed  me  that  when  the  time  came  it  would  in 
struct  me  what  to  do  to  produce  the  said  trance.  The  distinguished 
sculptor,  Saint  Gaudens,  calling  at  the  Hotel  Kensington,  shortly  after 
my  arrival,  while  I  was  in  bed,  in  the  evening  my  "X-Faculty"  gave 
me  to  understand  without  Mr.  Saint  Gaudens  knowing  it,  that  it  would 
be  the  proper  time  for  me  to  enter  the  Napoleonic  trance.  I  asked 
Mr.  Saint  Gaudens  if  he  would  like  to  see  me  enter  a  trance;  I  was 
interested  myself  from  a  scientific  point  of  view  to  know  just  what  I 
would  do  in  a  trance,  never  having  entered  one  before.  I  was  also 
interested  to  know  if  the  prognostications  of  the  "X-Faculty"  regard- 


150 

Ing  my  face  and  features  strongly  resembling  those  of  Napoleon  Bona 
parte  in  death  were  accurate  or  false. 

Mr.  Saint  Gaudens  expressed  keen  interest  in  seeing  me  in  a 
trance.  I  then  took,  under  the  direction  of  my  "X-Faculty"  a  small 
hand  mirror,  which  I  used  for  shaving,  in  both  my  hands,  and  holding 
it  rigidly  extended  above  my  head  stared  at  my  eyes  for  several  mo 
ments  without  any  result.  I  did  not  know  but  what  the  experiment 
was  about  to  prove  abortive  and  ridiculous;  it  was  one  of  the  most 
daring  experiments  I  ever  entered  for  that  reason.  After  a  minute 
or  two  of  complete  passivity  and  rigidity,  for  the  first  time  in  my  life 
I  experienced  the  entrance  to  a  trance.  It  is  excessively  interesting 
as  an  experience.  The  first  symptoms  I  had  of  the  entering  therein 
were  slow,  deep  breaths,  utterly  involuntary  on  my  part;  these  gradu 
ally  increased  in  force  and  frequency  until  they  resembled  what  I  im 
agine  are  death  gasps,  by  which  I  mean  a  man  dying  and  gasping  for 
breath. 

(In  reply  to  a  question  from  Dr.  Wood,  as  to  whether  he  had  ever 
seen  a  man  die  gasping,  Mr.  Chaloner,  said  he  had  not.  Mem.  from 
Dr.  Wood,  that  the  description  is  not  accurate.) 

These  gasps  continued  in  frequency  and  force  to  increase,  and  my 
mouth  to  distend,  and  remain  open,  stretched  open  to  its  fullest  extent. 
This  continued  for  several  moments,  I  should  judge  ten,  though  I 
have  no  means  of  judging,  simply  guess.  At  the  end  of  the  supposed 
ten  minutes,  my  hands  slowly  placed  the  mirror  on  the  bed,  my  eyes 
closed,  and  the  Napoleonic  death-trance,  so-called  by  my  "X-Faculty," 
had  begun.  Of  course  I  cannot  judge,  having  my  eyes  shut,  of  the  te- 
semblance  of  my  features  and  face  under  the  above  described  circum 
stances  to  those  of  Napoleon  Barnaparte  in  death;  all  I  know  is  from 
the  remarks  of  the  persons  who  have  witnessed  this  Napoleonic  death- 
trance,  so-called,  to  wit:  Mr.  Saint  Gaudens  asked  me  to  desist,  said 
it  was  very  affecting,  that  he  was  unaccustomed  to  a  trance,  and 
asked  me  not  to  enter  it  again  in  his  presence. 

(Question  by  Dr.  Wood:  Were  you  conscious  during  this  time? 
Answer:  Entirely  conscious  during  all  this  time.) 

A  few  days  later,  I  mentioned  this  occurrence  to  Mr.  Stanford 
White  and  Dr.  E.  F.  when  they  were  both  visiting  me.  They  expressed 
a  desire  to  see  me  under  the  so-called  Napoleonic  trance.  I  did  so 
under  the  same  conditions  as  before  Mr.  Saint  Gaudens.  When  I  en 
tered  the  death-trance,  while  my  eyes  were  closed,  Mr.  White  was  so 
affected  by  the  trance  that  he  acted  as  though  he  were  literally  in  the 
presence  of  death,  whispering  in  a  reverential  tone  to  Dr.  E.  F.,  "It 
is  exactly  like  Napoleon's  death-mask,  I  have  the  photograph  of  it  at 
home."  I  afterwards  asked  Mr.  White  if  he  had  made  that  remark 
to  Dr.  E.  F.,  and  he  admitted  it  frankly. 


151 

(Question  by  Dr.  Wood:  How  do  you  come  out  of  these  trances? 
Answer:  By  effort  of  conscious  will.) 

These  were  the  only  occasions  upon  which  I  entered  the  Napole 
onic  death-trance,  so-called,  with  one  exception.  The  exception  was 
in  the  early  Summer  of  1899,  when  at  the  request  of  Drs.  Austin 
Flint,  Sen.  and  Carlos  MacDonald,  I  entered  the  Napoleonic  death- 
trance,  so-called.  After  I  had  entered  the  death-trance  I  heard  Dr. 
Austin  Flint,  Sen.,  say  in  a  low  tone  to  Dr.  Carlos  MacDonald,  "Come 
around  to  the  side  and  see  the  profile."  Dr.  Austin  Flint,  Sen.,  seemed 
somewhat  affected  by  the  death-trance,  for  after  making  the  above  re 
mark  he  stepped  hastily  to  the  bed,  and  patting  me  on  the  knee,  said, 
"Come  out  of  it,  come  out  of  it;  you  can,  cannot  you?" 

(Question  by  Dr.  Wood:  When  you  want  to  come  out  you  do 
something?  Answer:  When  I  want  to  come  out  of  the  trance  it  re 
quires  some  act  on  my  part.) 

Questions  by  Dr.  Wood,  and  answers  by  Mr.  Chaloner. 

W.  Do  you  believe  that  the  results  of  the  action  of  the  "X-Fac- 
ulty"  are  due  to  the  presence  of  any  kind  of  a  spirit,  or  to  spiritual 
influence  in  you? 

C.  No. 

W.  Do  you  believe  there  was  anything  supernatural  in  this? 

C.  No. 

W.  Do  you  believe  that  the  judgments  delivered  are  infallible? 

C.  No. 

W.  Do  you  believe  that  you  have  in  these  conditions  the  power  of 
prophecy  beyond  rational  forejudgment. 

C.  No. 

W.  In  using  the  word  "automatism"  as  a  name,  was  it  or  was  it 
not  your  thought  that  these  results  were  due  to  a  spontaneous  effort 
of  intellectual  faculties,  independent  of  the  will  and  consciousness? 
I  do  not  know  if  you  understand  what  I  mean. 

C.  I  understand  what  you  mean.  Independent  in  this  way  only; 
that  they  cannot  be  necessarily  voluntarily  initiated  by  an  act  of  will 
on  my  part,  but  they  can  be  instantly  arrested  by  anJ  act  of  will  on 
my  part. 

(Answers  to  the  above  questions  in  no  way  prompted.) 

Voluntarily,  without  question,  Mr.  Chaloner  says  that  since  he 
studied  psychology  at  Columbia  great  strides  have  been  made  in  the 
experimental  section  of  psychology  and  in  the  nomenclature  thereof; 
and  the  phrases  and  terms  of  modern  psychology  are  almost  totally 
unknown  to  him,  for  the  reason  that  he  has  not  studied  Psychology 
since  leaving  the  College.  "All  my  work  in  Psychology  has  been  from 
Nature's  book,  and  not  from  printed  matter.  The  two  terms  "vocal 


152 

automatism"  and  "graphic  automatism"  I  have  taken  bodily  from 
Professor  Flournoy's  book  entitled  "From  India  to  the  Planet  Mars." 
I  will  say  Incidentally  that  I  agree  almost  entirely  with  Professor 
Flournoy  In  his  conclusion  touching  the  "Medium"  Helene  Smith, 
whose  trances  are  described  in,  the  book  "From  India  to  the  Planet 
Mars."  In  other  words  I  am  anti-spiritualistic.  I  do  not  believe  in 
spiritualism.  As  a  Christian — I  am  a  communicant  of  the  Episcopal 
Church — I  believe  in  the  existence  of  spirits  but  In  another  world; 
and  I  disbelieve  absolutely  that  there  is  any  communication  whatso 
ever,  direct  or  indirect,  between  living  human  beings  and  disembodied 
spirits  In  this  world." 

Mr.  Chaloner's  divorce  was  preceded  for  some  years  by  a  progres 
sively  Increasing  estrangement  from  hisi  wife,  which  grew  out  of  in 
compatibility  of  temper  and  ways.  This  estrangement  dated  back  to 
the  Fall  of  1890,  when  he  left  Mrs.  Chaloner  in  Europe,  she  being 
unwell,  whilst  he  came  back  to  New  York  to  found  the  "Paris  Prize 
Fund."  The  divorce  was  asked  for  by  his  wife  and  not  resisted  by 
himself;  and  never  since  has  he  visited  or  tried  to  visit,  or  followed, 
or  in  any  way  tried  to  communicate  with  the  former  Mrs.  Chaloner, 
and  has  no  desire  so  to  do. 


BIOGRAPHICAL. 

Jastrow,  Joseph.  Professor  of  Psychology  In  the  University  of 
Wisconsin  since  1888;  born  Warsaw,  Poland,  January  30,  1863;  gradu 
ate  University  of  Pennsylvania,  1882;  A.  M.,  1885;  Ph.  D.,  Johns  Hop 
kins,  1886;  Fellow  in  Psychology  1885-6;  in  charge  of  the  Psychologi 
cal  section  World's  Columbian  Exposition,  1893;  Author  of  various 
psychological  subjects  in  leading  magazines  and  of  the  book  "Fact  and 
Fiction  in  Psychology."  Address:  Madison,  Wisconsin. 

— From  "Who's  Who  in  America." 

A  PRELIMINARY  OPINION  SUBMITTED  BY  JOSEPH 
JASTROW,  PROFESSOR  OF  PSYCHOLOGY  IN  THE 
UNIVERSITY  OF  WISCONSIN,  WITH  REFERENCE 
TO  THE  CASE  OF  MR.  CHALONER. 

SUBMITTED  AT  THE  REQUEST  OF  JONES,  CARSON 
AND  BEEBER,  ATTORNEYS  IN  THE  CITY  OF  PHILA 
DELPHIA, 

PRELIMINARY. 

I  am  requested  to  submit  an  opinion  in  regard  to  the  status,  espe 
cially  in  relation  to  mental  normality,  of  certain  activities  presented 
by  Mr.  Chaloner  and  of  his  attitude  towards  and  his  views  concerning 
these  manifestations.  For  the  just  interpretation  of  this  opinion,  it  is 


153 

to  be  carefully  borne  In  mind  that  the  determination  of  a  State  of 
insanity,  or  of  mental  irresponsibility  or  incapacity,  is  only  to  be 
reached  by  capable  experts  on  the  basis  of  a  specific  examination 
which  shall  set  forth  the  symptoms,  indications,  and  description  of 
the  particular  form  of  mental  derangement  found  in  any  given  case. 
That  task  belongs  primarily  to  experts  in  other  branches  of  knowledge 
than  that  which  I  profess.  My  opinion  as  a  psychologist  is  desired 
in  regard  to  the  significance  and  interpretation  of  certain  mental 
peculiarities  of  the  kind  exhibited  by  Mr.  Chaloner,  and  especially  in 
regard  to  the  measure  and  the  manner  in  which  such  peculiarities 
may  be  pronounced  to  be  manifestations  of  a  normal  mental  activity. 
Mr.  Chaloner  according  to  his  own  account  and  in  conformity  with 
the  evidence  which  has  been  submitted  to  me,  exercises  a  form  of 
automatic  activity  known  as  "Automatic  Writing,"  and  by  some 
writers  called  "graphic  automatism."  He  is  able  to  produce,  and  ap 
parently  almost  any  time  at  request,  a  form  of  writing  in  which  his 
intentional  and  usual  control  and  direction  participate  to  a  reduced 
extent,  and  may  be  almost  absent.  Such  automatic  writing  is  a  well 
recognized  phenomenon  occurring  not  rarely  but  yet  unusually,  and 
finds  it  place  among  a  series  of  psychological  activities,  which  are  in 
large  part  of  a  complex,  co-ordinated  and  reasoned  type,  but  which 
are  none  the  less  not  the  intentional  expression  of  the  ordinary  fully 
conscious  thought.  Even  so  common  an  experience  as  the  unsuccess 
ful  attempt  to  recall  a  name,  which  suddenly  comes  to  mind  when  the 
search  has  been  apparently  dismissed,  may  be  regarded  as  the  product 
of  an  automatic  activity;  for  it  is  a  result  which  we  fail  to  reach  in 
tentionally  but  was  worked  out  by  some  processes  of  which  we  are 
not  fully  conscious  and  cannot  deliberately  direct.  If  under  such 
circumstances  it  were  possible  for  an  individual  frequently  to  succeed 
in  recalling  the  name  by  allowing  his  hand  to  write  as  it  would,  with 
out  exercising  a  direct  guidance  over  its  movements,  it  would  be 
evident  that  the  intelligence  and  the  entire  mental  equipment  that  is 
represented  in  such  automatic  writing  is  the  same  as  that  of  the  indi 
vidual's  normal  personality.  That  part  of  our  mental  machinery  by 
which  we  succeed,  though  not  by  a  direct  effort,  in  recalling  the  sought 
for  name,  is  obviously  a  part  of  our  normal  mental  endowment. 

The  degree  to  which  there  exists  such  a  possibility  of  permitting 
the  less  voluntary  and  conscious  operations  of  our  minds  to  express 
themselves  in  writing  or  otherwise,  varies  considerably  among  differ 
ent  individuals,  as  does  also  the  degree  of  automatism  or  removal 
from  intentional  control  characteristic  of  such  expressions.  The  power 
to  produce  occasionally  or  frequently  consistent  and  reasoned  expres 
sions  by  automatic  writing,  when  considered  in  reference  to  the  public 
at  large,  cannot  be  said  to  be  a  usual  one,  but  is  not  to  be  regarded  as 
a  presumptive  concomitant  or  indication  of  a  mentally  impaired  or 
diseased  condition.  Professor  James  of  Harvard  University  (Prin 
ciples  of  Psychology,  1890,  Vol.  1,  p.  393),  adopting  for  the  sake  of 


154 

convenience  the  term  "Mediumistic  possession"  to  indicate  the  kind 
of  activity  here  under  consideration;  says:  that  "the  susceptibility  to 
it  in  some  form  is  by  no  means  an  uncommon  gift  in  persons  who 
have  no  other  obvious  nervous  anomaly.  The  phenomena  are  very 
intricate,  and  are  just  beginning  to  be  studied  in  a  proper  scientific 
way.  The  lowest  phase  of  mediumship  is  automatic  writing,  and  the 
lowest  grade  of  that  is  when  the  Subject  knows  what  words  are  coming, 
but  feels  impelled  to  write  them  as  if  from  without."  (The  words 
medium,"  "mediumship,"  "mediumistic  possession"  are  here  used,  as 
also  by  Mr.  Chaloner,  not  in  acceptance  of  any  belief  in  the  theory 
with  which  the  name  originated,  but  simply  as  a  convenient  and  in 
telligent  mode  of  referring  to  the  phenomena.)  I  interpret  this  state 
ment  to  mean  that  automatic  writing  is  a  less  serious  and  less  unusual 
divergence  from  the  ordinary  relations  obtaining  between  our  inten 
tional  and  our  automatic  expressions  than  other  forms  of  automatism, 
and  furthermore,  that  this  divergence  is  slightest  when  the  subject's 
normal  consciousness  participates  to  a  considerable  extent  in  what  is  be 
ing  written.  Mr.  Chaloner's  automatic  writing  would  accordingly  be  re 
garded  as  of  the  type  that  diverges  least  from  the  usual;  for  according 
to  his  account  he  can  at  command  check  or  stop  the  writing;  although 
he  cannot  always  initiate  it,  but  must  try  and  observe  whether  the 
hand  will  write  or  not.  Moreover,  he  is  entirely  conscious  of  what  he 
is  writing,  and  the  ordinary  spectator  would  see  nothing  to  distinguish 
between  his  normal  and  his  automatic  writing.  It  should  also  be  noted 
that,  in  conformity  with  experience  in  other  case,  the  automatic 
writing  of  Mr.  Chaloner  did  not  appear  at  once  in  a  fluent  and  per 
fected  form,  but  was  developed  as  the  result  of  training  and  repetition 
extending  over  several  years.  My  observation  thus  led  me  to  conclude 
that  Mr.  Chaloner's  automatic  writing  is  the  expression  of  a  mental 
condition  differing  only  in  a  very  slight  degree,  and  not  in  an  easily 
recognizable  manner,  from  his  ordinary  normal  condition  or  the 
waking  conscious  condition  of  any  normal  individual.  The  expressions 
of  his  automatic  writing  are  consistent  with,  as  indeed  they  are 
hardly  less  than,  the  expressions  of  his  normal  mentality — just  as  our 
characters  and  our  views  in  dreams  are  for  most  persons  consistent 
with,  though  at  times  diverging  from,  the  character  and  views  of 
waking  thought. 

Further  opinions  in  support  of  the  normal  status  of  automatic 
writing  are  as  follows:  The  Dictionary  of  Philosophy  and  Psychology 
(edited  by  Professor  Baldwin  of  Princeton  University,  1901),  says 
under  the  term  Automatic  Writing:  "The  name  given  to  a  form  of 
writing  that  is  recorded  without  the  complete  and  conscious  co-opera 
tion  of  the  individual  who  writes.  It  is  an  elaborate  and  consequently 
less  usual  form  of  automatic  movement  which  seems  to  be  associated 
with  obscure  functional  diseases  of  the  nervous  system  (hysteria, 
etc.):  but  also  occurs  in  persons  who  are  healthy  and  entirely  normal, 
but  perhaps  gifted  with  sensitive  nervous  organizations."  Professor 


155 

Newbold,  of  the  University  of  Pennsylvania  (Popular  Science  Monthly, 
XLIX.,  189,  p.  509)  says:  "Automatic  writing  is  an  exceedingly  com 
mon  phenomenon,"  and  endorses  the  view  that  the  degree  of  au 
tomatism  is  of  minor  order  when  the  writing  is  involuntary,  but 
depends  upon  the  subject's  consciousness. 

Professor  Patrick,  of  the  University  of  Iowa,  clearly  implies  that 
the  phenomenon  is  of  frequent  occurrence  in  normal  persons  by  the 
following  statement.  (The  Psychological  Review,  1898,  V.,  p.  5-59): 
"The  thorough  study  of  simple  cases  of  automatic  writing  and  of  all 
forms  of  automatism  in  normal,  healthy  subjects  is  wholly  practicable 
in  the  laboratory  and  certainly  desirable."  He  further  writes,  "If  we 
compare  a  simple  case  of  automatic  writing  such  as  may  be  found  in 
one  of  almost  any  company  of  school  girls,"  etc. 

Professor  Binet,  of  the  University  of  Paris  ("Alterations  of  per 
sonality,"  Translation,  1896,  p.  189)  writes:  "The  interest  of  the  phe 
nomenon  is  still  further  increased  by  the  frequency  with  which  it 
occurs  with  spiritists  and  with  normal  subjects."  And  again:  "In 
this  way,  as  I  have  said  before,  the  phenomena  of  automatic  writing 
can  be  demonstrated  with  people  who  are  non-hysterical;  it  is  the 
exaggeration  of  the  phenomenon  that  is  peculiar  to  hysteria." 

Furthermore,  experiments  in  automatic  writing  have  been  made 
upon  normal  subjects,  in  part  upon  university  students,  at  Harvard 
University,  the  University  of  Iowa,  the  University  of  Pennsylvania, 
and  probably  elsewhere. 

I  am  accordingly  of  the  opinion  that  the  phenomena  of  automatic 
writing  as  exhibited  by  Mr.  Chaloner  are  not  only  consistent  with,  but 
in  the  form  exhibited  by  him,  not  prejudicial  to  a  mental  endowment 
and  capacity  falling  within  the  range  of  individual  variations,  ordi 
narily  included  under  the  normal.  I  am  of  the  opinion  that  this  power 
is  to  be  looked  upon  as  a  mental  peculiarity,  which  like  many\  other 
peculiarities,  forms  a  part  of  the  individual  endowment,  and  enters 
into  the  fundamental  difference  in  organization  between  individuals. 
That  this  and  allied  kinds  of  automatism,  particularly  in  their  more 
marked  and  exaggerated  forms  occur  most  characteristically  in  hysteria 
and  other  nervous  disorders  is  made  clear  by  a  survey  of  the  literature 
of  the  topic.  That  in  many  cases  of  its  occurrence  in  normal  indi 
viduals  it  is  associated  with  a  sensitive  nervous  organization,  seems 
almost  equally  well  established. 

Of  the  trance  states  which  it  appears  Mr.  Chaloner  entered  upon 
a  few  isolated  occasions  some  years  ago,  I  can  judg,e  only  from  his 
own  description.  I  see  no  reason  for  viewing  them  in  any  other  light 
than  the  automatic  writing — that  is  as  phenomena  indicative  of  a 
sensitive  nervous  organization  finding  their  origin  in  the  same  obscure 
individual  peculiarities,  which  make  one  person  a  somnambulist  and 
another  an  automatic  writer  and  a  third  a  trance  subject  and  lead  to 
the  noii-occurrence  of  any  of  these  phenomena  in  the  great  mass  of 
mankind.  The  trance  state  of  the  kind  which  Mr.  Chaloner  seems  to 


156 

have  exhibited  is  probably  to  be  regarded  as  a  deeper  stage  of  au 
tomatism,  that  is,  as  a  more  serious  deviation  from  the  relation  ordi 
narily  pertaining,  between  the  fully  conscious  and  deliberate,  and  the 
automatic  mental  activities,  than  is  the  case  in  the  automatic  writing; 
and  it  was  probably  associated  at  the  time  with  an  irritable  or  fatigued 
condition  of  the  general  nervous  system. 

With  Mr.  Chaloner's  attitude  towards  these  phenomena,  his  views 
In  regard  to  their  origin  and  nature,  and  his  opinion  in  regard  to  re 
lated  phenomena,  such  as  the  significance  of  vivid  impressions  and  pre 
sentments  and  the  like,  I  have  had  opportunity  to  become  acquainted 
by  extended  conversation,  and  by  the  perusal  of  extracts  from  his 
diary  and  from  other  sources.  There  is  no  widespread  consensus 
among  psychologists  in  regard  to  the  most  plausible  theory  of  explana 
tion  or  mode  of  accounting  in  detail  for  such  phenomena  as  automatic 
writing;  but  there  is  a  considerable  preponderance  of  opinion  in 
regard  to  their  general  relations  to  the  activities  of  the  mind  and  their 
dependence  upon  conditions  of  the  nervous  system;  and  I  find  that 
Mr.  Chaloner's  views  though  couched  in  different  language  and  ex 
hibiting  no  special  appreciation  of  the  complexities  of  the  problem, 
are  in  their  main  trend  quite  compatible  with  the  main  trend  of 
current  scientific  opinion  upon  the  subject.  In  some  respects  his  views 
would  find  endorsement  in  the  recorded  views  of  reputable  writers 
upon  these  subjects;  and  in  some  respects  (allowing  for  differences  of 
expression  and  attitude,  such  as  I  should  also  have  to  take  into  con 
sideration  in  a  similar  criticism  of  the  views  of  some  of  my  profes 
sional  colleagues)  his  views  would  be  in  accord  with  my  own.  Some 
of  the  views  expressed  by  Mr.  Chaloner  I  am  inclined  to  regard  as 
unwarranted  by  a  close  logical  interpretation  of  the  available  data, 
and  as  incompatible  with  the  attitude  towards  these  phenomena  which 
my  own  temperament  and  training  and  investigations  lead  me  to 
favor;  but  this  criticism  would  also  apl)ly  to  many  professional  psy 
chologists  occupying  responsible  positions;  and  the  views  to  which  I 
refer  are  certainly  shared  by  a  considerable  part  of  intelligent  and 
educated  laymen  whq  have  formed  convictions  upon  subjects  of  this 
type.  In  brief,  I  find  Mr.  Chaloner's  attitude  towards  the  psychological 
phenomena  of  a  somewhat  unusual  nature  which  he  has  observed  in 
himself  to  be  in  its  general  outlines  a  thoughtful  and  plausible  one, 
and  in  all  respects,  including  those  points  which  do  not  meet  with 
my  personal  endorsement,  I  have  no  hesitation  in  pronouncing  his 
opinions  to  fall  well  within  the  ordinary  and  normal  range  of  diversity 
of  opinion  current  in  such  topics.  Nor  do  I  find  in  his  attitude  to 
wards  his  opinions  any  characteristics  which  could  not  readily  be  dupli 
cated  among  a  miscellaneous  group  of  normal,  intelligent  persons 
of  training,  education  and  attainment  compatible  to  those  which  Mr. 
Chaloner  enjoys. 

With  regard  to  other  traits  of  mind  or  temperament  which  Mr. 
Chaloner  exhibits  and  which  might  be  regarded  as  relevant  to  a  dis- 


157 

cussion  of  the  compatibility  with  normality  of  his  psychological  pecu 
liarities,  I  am  of  the  opinion  tnat  their  interpretation  may  be  most 
justly  reached  in  connection  with  an  examination  of  his  personal 
history  and  of  his  recognition  of  the  significant  symptoms  of  mental 
abnormality." 


We  shall  now  introduce  the  opinion  of  Dr.  William  James,  Profes 
sor  of  Psychology  at  Harvard. 

BIOGRAPHICAL  NOTE. 

William  James,  Prof.  Psychology,  Harvard,  since  1872;  b.  New 
York,  Jan.  11,  1842;  ed.  in  private  schools,  and  by  tutors,  and  at  Law 
rence  Scientific  School,  1861-3;  M.  D.  Harvard,  1870,  (LL.  D.  Prince 
ton;  Ph.  et  Litt.  D.,  Padua;  Correspondent  de  1'Institut,  Paris); 
Author  Principles  of  Psychology  (2  vols.) ;  Psychology;  Briefer  Course; 
The  Will  to  Believe,  and  other  Essays  in  Popular  Philosophy.  Apptd. 
Gifford  lecturer  on  natural  religion,  Univ.  of  Edinburgh,  1899-1901. 
Address:  Cambridge,  Mass. 

— From  "Who's    Who  in  America." 
(Dicated.) 

(Statement  of  Dr.  William  James.t.) 

Cambridge,  Mass.,  Oct.  10,  1901. 

At  the  request  of  Mr.  John  Armstrong  Chaloner,  I  have  examined 
the  following  documents  pertaining  to  his  case: 

1.  His  certificate  of  lunacy; 

2.  A  distinguished  neurologist's  opinion. 

3.  John  Armstrong  Chaloner's  letter  of  July  3rd,  1897,  to  Hon. 
Micajah  Woods. 

4.  Letter  of  Nov.  30th,  1900,  to  H.  L.  Carson. 
6.     Dr.  Wood's  account. 

6.  Prof.  Jastrow's  opinion. 

7.  Extract  from  John  Armstrong  Chaloner's  Journal,  etc. 

8.  Autobiographic  account:   "The  X-Faculty"   (Head  1). 

9.  "The  X-Faculty"  (Head  2). 


t  Since  deceased. 


158 

My  opinion  (based  on  considerable  familiarity  with  such  phe 
nomena)  of  the  significance  of  the  "automatisms"  described  in  these 
documents  is  as  follows: 

Graphic  automatism  is  an  extremely  frequent  phenomenon  only 
of  late  beginning  to  be  studied  with  the  care  which  it  deserves.  I 
have  a  large  collection  of  cases  of  it,  and  some  of  my  best  friends,  of 
superior  sanity  and  mental  power  possess  this  faculty.  It  is  impos 
sible  to  deduce  from  its  presence  any  conclusions  whatever  detrimental 
to  the  sanity  of  the  person  who  manifests  it. 

I  do  not  happen  at  this  moment  to  recall  a  single  case  of  lunacy, 
in  which  I  have  met  with  this  as  a  symptom.  The  mental  automatism, 
or  inner  conversation  with  his  "X-Faculty,"  described  by  Mr.  Chaloner, 
is  a  rarer  kind  of  phenomenon  though  in  my  opinion,  it  is  to  be  classed 
under  the  same  psychological  head,  of  a  part  of  the  personality,  usually 
unconscious,  making  irruptions  into  the  conscious  part  with  results 
of  which  the  premises  remain  obscure  or  unknown. 

The  form  of  results,  wherever  automatism  exists,  seems  to  be  a 
matter  of  idiosyncrasy,  being  sometimes  graphic,  sometimes  visual  or 
auditory,  sometimes  vocal  and  sometimes  consisting  in  a  mental  or 
verbal  impression  which  the  subject  recognizes  as  differing  in  its 
genesis  from  its  usual  thoughts. 

In.  "mediums" — so-called — these  automatisms  abound.  Mr.  Chalo 
ner  is  evidently  possessed,  of  a  strongly  "mediumistic"  or  "psychic" 
temperament;  but  whereas  most  mediums  promptly  adopt  the  theory, 
current  in  spiritualistic  circles,  that,  these  automatisms  are  due  to 
spirit-control,  Mr.  Chaloner,  prepossessed  against  that  hypothesis, 
appears  to  have  set  to  work  systematically  (and,  as  would  appear 
from  his  narrative,  critically)  to  explore  them  and  determine  their 
significance  for  himself.  In  this  attempt  he  seems  to  me  to  deserve 
nothing  but  praise.  The  only  question  is  of  the  amount  of  judicious 
ness  shown  in  allowing  the  subject  to  absorb  him  so  continuously. 
The  most  injudicious  act  of  which  he  is  accused  is  the  experiment  with 
fire.  As  described,  its  motivation  was  rational  and  its  results  interest 
ing  and  but  moderately  harmful.  It  seems  to  me  a  monstrous  claim 
to  say  that  a  man  may  not  make  experiments,  even  as  extreme  as  that, 
upon  his  own  person  without  putting  his  legal  freedom  in  jeopardy. 
The  Napoleon  experiment  falls  strictly  within  the  limits  of  praise 
worthy  research. 

Psychology  would  be  more  advanced,  were  there  more  subjects 
of  automatism  ready  to  explore  carefully  their  eccentric  faculty.  Al 
though  the  medical  profession  is  beginning  to  acquaint  itself  with 
these  phenomena,  it  is  still  lamentably  ignorant.  Specialists  in  insanity 
in  particular  are  ignorant,  for  in  spiritualistic  circles  these  automa 
tisms  are  regarded  as  valuable  gifts,  to  be  encouraged  rather  than 
checked,  and  asylum  doctors  hardly  ever  see  them.  When  they  do 
see  them  they  may  interpret  them  as  delusional  insanity,  with  which 


159 

they  are  familiar,  and  a  merely  mediumistic  subject  may  thus  have 
grievous  injustice  done  him. 

In  delusional  insanity  there  is  also  automatism,  so  "Paranoia" 
so-called,  and  mediumship  have  elements  in  common.  But  for  Para 
noia  to  be  diagnosed  there  must  be  no  distinct  alternation  between 
the  primary  and  the  "X"  consciousness,  and  there  must  be  marked 
abnormal  peculiarities  in  the  case  as  well  as  intellectual  delusion. 
In  Mr.  Chaloner's  case,  there  appears  to  have  been  complete  alternation, 
and  there  is  no  sign  whatever  of  delusion  in  the  documents  written 
by  him  which  I  have  seen  unless  his  belief  that  his  eye-color  has 
changed  be  counted  as  a  delusion.  Of  his  normal  peculiarities  only 
those  who  know  him  well  can  frame  an  opinion.  A  certain  stiltedness  of 
diction  in  documents  8  and  9  of  my  list  is  due,  as  he  explains,  to  their 
automatic  authorship.  He  doubtless  wished  to  exhibit  the  rationality 
of  his  "X-Faculty,"  and  has  successfully  done  so.  But  it  might  have 
been  wiser  to  submit  a  non-automatic  autobiography.  So  far  then 
as  the  documents  sent  me  acquaint  me  with  the  facts  of  the  case,  my 
opinion  of  Mr.  Chaloner  is  that  he  is  intellectually  sound.  No  evidence 
to  show  his  dangerousness  to  others  or  his  inability  to  manage  his 
property  has  been  shown  me.  In  default  of  such  evidence,  further 
treatment  of  him  as  a  lunatic  would  seem  a  crime." 


BIOGRAPHICAL. 

Hudson,  Thomson  Jay.  Psychological  Author  and  lecturer.  Born, 
Windham,  Ohio,  Feb.  23,  1834.  LL.  D.  St.  John's  College,  Md.  Ad 
mitted  to  Bar  1857;  practiced  three  years;  author  of  "The  Law  of 
Psychic  Phenomena." 

— From  "Who's  Who  in  America. 

To  Whom  It  May  Concern: 

Soon  after  the  retirement  of  John  Armstrong  Chaloner  from  the 
Bloomingdale  Asylum  for  the  Insane,  I  was  requested  by  his  friends 
to  visit  him  at  his  temporary  retreat  in  Philadelphia  with  a  view  of 
obtaining  my  opinion  as  to  his  sanity.  In  compliance  with  that  request 
I  visited  Philadelphia  and  had  an  interview  with  Mr.  Chaloner  lasting 
several  hours,  during  which  I  made  the  most  careful  observations  of 
which  I  was  capable.  I  had  previously  been  informed  that  his  alleged 
mental  alienation  was  supposed,  by  those  responsible  for  his  detention 
in  the  insane  asylum,  to  be  manifested  in  his  mental  attitude  on  the 
subject  of  what  is  now  known  to  science  as  Experimental  Psychology. 
Having  myself  been  a  close  student  of  every  phase  of  that  science  for 
many  years,  and  having  observed  the  disastrous  effects  often  result 
ing  from  false  beliefs  on  that  subject,  followed  by  abnormal  practices 


160 

on  the  experimental  side,  I  confess  that  I  was  not  unprepared  to  find 
in  Mr.  Chaloner  almost  any  form  or  degree  of  mental  alienation.  Much 
tc  my  gratitude,  however,  I  found  in  him  a  gentleman  of  superior  gen 
eral  education,  culture  and  refinement,  and  a  student  of  Experimental 
Psychology  on  purely  scientific  lines,  as  I  shall  attempt  to  show  here 
inafter.  Not,  I  hasten  to  say,  that  his  deductions  always  agree  with 
my  own;  for  they  do  not,  but  that  his  fundamental  inductions  are  on 
lines  of  scientifically  demonstrable  truth. 

The  salient  features  of  the  situation  consists  in  the  fact  that  he 
has  made  an  original  and  independent  discovery  of  a  most  important 
psychological  fact.  In  fact,  it  may  be  said  to  be  the  fundamental  fact 
of  psychological  science,  since  all  other  facts  of  psychology  sustain  a 
necessary  relationship  to  it;  and  many  of  them  are  inexplicable  in 
the  absence  of  a  knowledge  of  the  fundamental  fact  or  principle,  that 
Mr.  Chaloner  discovered. 

It  is  that  man  is  endowed  with  a  mental  faculty — or  a  congeries 
of  mental  faculties  and  powers — that  lie  below  the  threshold  of  normal 
consciousness.  I  do  not  say  that  Mr.  Chaloner  was  the  first  discoverer 
of  this  fact;  for  I  do  not  know  the  date  of  his  discovery.  But  I  have 
every  reason  to  believe  that  he  was  an  original  and  independent  dis 
coverer.  It  is  true  that  many  eminent  scientists  have,  within  the  last 
decade,  arrived  at  the  same  conclusion,  each  by  his  own  methods  of 
investigation  and  experimentation.  Most  of  them  have  made  their  ex 
periments  on  others;  but  one  of  the  remarkable  features  of  Mr.  Chaf- 
oner's  method  of  research  is  that  his  conclusions  were  based  wholly 
upon  experiments  made  upon  himself,  together  with  an  intelligent  ob 
servation  of  the  workings  of  his  own  inner  consciousness.  The  advan 
tages  of  that  method  are  obvious  to  any  psychologist,  providing  the 
experimenter  has  sufficient  power  of  self-control  to  do  the  work  in 
telligently. 

Another  remarkable  feature  of  Mr.  Chaloner's  case,  considered 
from  a  purely  scientific  point  of  view,  is  his  conservatism  or  scientific 
caution.  Most  of  us  who  have  become  convinced  of  the  existence  of 
the  faculty  in  question  have  given  it  a  name;  and  that  name  is  more 
or  less  expressive  of  it's  author's  theory  of  causation.  Thus,  the  Lon 
don  Society  for  Psychical  Research,  by  its  late  president,  Mr.  F.  W.  H. 
Myers,  has  named  it  "The  Subliminal  Consciousness,"  as  distinguished 
from  the  Supraliminal,  or  normal  consciousness.  Prof.  Boris  Sidis 
names  it  the  "Sub-waking  Self,"  for  obvious  reasons.  Prof.  R.  Osgood 
Mason,  Fellow  of  the  New  York  Academy  of  Medicine,  calls  it  "the 
Subliminal  Self."  Prof.  Quackenbos,  late  of  Columbia  College,  calls  it, 
indifferently,  the  "Sub-conscious  mind,"  the  "Subjective  mind,"  the 
"Unconscious  mind,"  etc.  Dr.  Du  Prel,  a  German  scientist,  designates 
it  "The  Transcendental  Ego."  Other  scientists,  too  numerous  to  men 
tion,  have  adopted  other  designations  for  the  same  mysterious  attri 
bute  of  .man's  mental  organism.  Each  one  has  his  own  theory  of 
Causation;  but  each  bases  his  own  particular  mental  philosophy 


largely  upon  the  one  salient  fact,  which  no  Intelligent  psychologist 
now  denies;  the  existence  of  the  faculty  in  every  man's  mental  organ 
ism.  Mr.  Chaloner,  however,  has  exhibited  the  most  commendable  and 
rare  as  it  is  commendable,  caution  and  scientific  conservatism  in  the 
matter  of  terminology,  by  naming!  it  "The  X-Faculty;"  for  the  obvious 
reason  that  "X"  is  the  algebraic  symbol  for  an  "unknown  quantity." 
This,  of  course,  implies  no  theory  of  causation  whatever;  but  it  does 
denote  the  doubt  of  the  scientist  who  realizes  that  he  has  not  yet  accu 
mulated  sufficient  data  to  enable  him  to  formulate  a  satisfactory  hy 
pothesis.  This  fact  alone  is  sufficient  to  establish  a  prima  facie  case 
of  sanity;  for  the  "cocksuredness"  of  the  crank  and  the  "infallibility" 
of  the  insane  philosopher  are  proverbial.  In  a  word,  the  very  an 
tithesis  of  insanity  is  the  cautious  conservatism  of  the  inductive  sci 
entist.  It  is  true  that  a  man  may  be  insane  on  one  subject  and  per 
fectly  sane  on  others.  But  when,  as  in  this  case,  the  subject-matter 
upon  which  the  alleged  insanity  is  supposed  to  be  manifested  is  iden 
tical  with  that  in  which  is  exhibited  the  cautious  conservatism  of  true 
science,  it  is  obvious  that  the  two  states  of  mind  are  incompatible, 
and  therefore  impossible;  for  it  involves  a  contradiction  in  terms. 
Manifestly  a  man  cannot  be  sane  and  insane  at  the  same  time  on  the 
same  subject;  nor  can  the  same  attitude  of  mind  on  a  given  subject 
constitute  valid  evidence  for  both  sanity  and  insanity.  For  my  part 
I  prefer  to  believe  that  scientific  conservatism  constitutes  the  best 
possible  evidence  of  perfect  sanity. 

It  is,  however,  Mr.  Chaloner's  belief  regarding  the  powers  of  the 
"X-Faculty"  that  are  held  to  constitute  the  best  evidence  of  his  mental 
alienation.  For  instance,  he  has  ascertained  that  when  the  "X-Faculty" 
is  allowed  full  play  it  is  capable  of  performing  various  wonderful  in 
tellectual  feats,  far  transcending  the  ability  of  the  subject  as  mani 
fested  in  his  ordinary  mental  state,  such  as  writing  poetry,  etc.  This 
is  another  of  Mr.  Chaloner's  discoveries  in  psychical  science.  It  was 
doubtless  original  with  him  and  the  result  of  careful  experimentation 
upon  himself.  At  any  rate  he  has  demonstrated  the  fact  by  the  pro 
duction  of  a  large  number  of  sonnets,  some  of  them  of  unusual  merit. 
I  have  examined  many  of  them,  but  am  not  prepared  to  say  whether 
they  transcend  his  normal  abilities,  as  I  know  nothing  of  his  natural 
capacity  for1  writing  poetry,  if  he  has  any.  He  tells  me  that  he  has 
none,  which  I  can  readily  believe;  for  his  experience  is  not  unique. 
As  before  remarked  the  "X-Faculty"  is  well  recognized  under  various 
designations  by  modern  psychologists;  and  they  have  not  failed  to  note 
its  phenomenal  manifestations  in  not  only  poetry,  but  in  music  and1 
art.  In  fact,  the  wonderful  intellectual  feats  which  Mr.  Chaloner  mod 
estly  ascribes  to  the  "X"  or  unknown  faculty,  is  not  a  modern  dis 
covery.  The  old  psychologists  took  note  of  them  and  speculated  as 
siduously  thereon.  Sir  William  Hamilton  gives  us  many  instances  un 
der  the  head  of  "latent  memory;"  and  Abercrombie  relates  many  won 
derful  cases  as  occurring  under  spontaneous  "somnambulism."  At  that 


162 

time  hypnotism  was  practically  unknown  to  science;  but  in  modern 
times  the  same  phenomena  are  reproduced  artiflcally  by  means  of  ex 
perimental  hypnotism.  Thus  modern  psychologists  are  not  only  able 
to  classify  the  facts  with  some  degree  of  definiteness,  but  they  have 
learned  the  secret  of  controlling  the  "X-Faculty." 

In  technical  language  the  faculty  is  controlled  by  "suggestion," 
which  is  but  another  way  of  stating  what  Mr.  Chaoner  has  discovered 
by  experiment,  that  the  subject  can  control  it  himself,  and  realizes  that 
the  "X-Faculty"  is  a  part  of  his  own  mental  equipment.  It  is  the 
ignorance  of  this  last  mentioned  fact  that  has  led  the  laity  into  ascrib 
ing  it  to  spirits,  demons,  devils,  "et  hoc  genus  omne."  It  is  note 
worthy,  and  important  to  the  appreciation  of  Mr.  Chaloner's  mental 
soundness,  that  he  is  not  only  aware  that  the  "X-Faculty"  is  a  part  of 
man's  mental  make  up,  but  he  also  knows  that  he  can  control  its  mani 
festations  at  will. 

This,  in  fact,  is  the  most  important  factor  in  his  case;  for  it  is 
not  only  demonstrative  of  his  scientific  acumen  and  his  entire  accord 
with  the  trend  of  modern  science,  but  it  is  a  sure  guaranty  of  con 
tinued  mental  soundness  on  this  question.  Not  that  any  particular 
belief  or  opinion  is,  "per  se,"  demonstrative  of  mental  soundness,  or 
its  opposite  conclusive,  or  even  presumptive  evidence  of  sanity;  but 
that  one's  belief  on  this  particular  subject  may,  and  often  does,  lead 
to  practices  that  result  in  mental  alienation.  Thus,  an  ignorant  lay 
man  enters  a  spiritualistic  circle  and  develops  "mediumship,"  say  in 
the  form  of  automatic  writing;  or,  as  Mr.  Chaloner  has  more  scien 
tifically  designated  it,  "graphic  automatism."  The  layman's  medium- 
istic  development  is  merely  the  development  of  the  "X-Faculty."  He 
believes  in  spiritism,  and  all  the  members  of  his  circle  believe  in  spirit 
ism,  and  this  constitutes  a  "suggestion"  to  the  "X-Intelligence,"  too 
strong  to  be  resisted,  that  the  expected  manifestations  will  come  from 
spirits.  Being  controlled  by  that  dominant  suggestion,  it  acts  accord 
ingly,  the  automatic  writing  which  follows,  purports  to  come  from  the 
spirits  suggested  or  called  for. 

Now  the  danger  which  is  imminent  in  such  a  case  arises  from  the 
automatist's  belief  that  he  is  controlled  by  an  extraneous  intelligence. 
He  believes  it  to  be  a  superior  intelligence,  and  hence  yields  himself 
in  passive  obedience  to  its  guidance.  And  it  guides  him  just  in  accord 
ance  with  his  own  characteristics,  be  they  good  or  bad.  If  good,  he 
is  comparatively  safe;  but  if  bad,  and  he  is  naturally  not  well  belanced 
mentally,  he  is  in  imminent  danger  of  mental  alienation.  Our  mad 
houses  are  full  of  illustrative  examples.  Now  this  is  but  the  result  of 
a  belief  that  he  is  dominated  by  an  extraneous,  irresponsible  agency 
which  it  is  impossible  for  him  to  resist  or  control. 

It  is  obvious  that  Mr.  Chaloner  Is  beset  by  no  such  danger. 

He,  too,  has  developed  the  "X-Faculty;"  and  it  performs  its  in 
tellectual  feats  by  "graphic  automatism."  Thus  far  the  parallel  is 
perfect.  But  he  has  studied  the  subject  inductively — scientifically; 


163 

and  he  knows  that  the  "X-Faculty"  is  not  an  extraneous  intelligence, 
capable  of  dominating  his  whole  mental  and  physical  organism.  He 
has,  by  a  series  of  experiments  of  the  most  remarkable  character,  and 
conducted  on  the  most  exact  scientific  lines,  demonstrated  that  the 
"X-Faculty"  is  simply  a  heretofore  submerged  part  of  his  own  mental 
organism,  and  that  as  such,  it  is  under  the  domination  of  his  own  will 
and  reason.  He  has  learned  that  he  can  cultivate  its  powers,  control 
its  output,  direct  its  energies,  and  restrain  its  eccentricities.  Obvi 
ously  he  is  not  insane,  nor  is  he  in  any  danger  of  insanity,  on  the 
subject  of  the  "X-Faculty;"  and  he  is  not  held  to  be  insane  on  any 
other  subject. 

In  conclusion  I  might  truthfully  remark  that  this  is  not  the  first 
time  in  the  history  of  advancing  civilization  that  men  have  been  im 
prisoned  for  taking  a  step  in  advance  of  their  age  in  scientific  research. 
But  in  justice  to  all  concerned,  it  must  be  said  that  a  legitimate  par 
allel  cannot  be  drawn  between  this  case  and  those  of  history,  where 
criminal  prosecutions  have  been  instituted  against  scientists  who  were 
accused  of  subverting  religion  and  blaspheming  against  the  Deity  by 
seeking  to  place  Creation  in  the  custody  of  a  law.  This  is  not  a  crimi 
nal  prosecution,  although  it  deprived  Mr.  Chaloner  of  his  liberty  just 
as  effectually  as  if  he  had  been  charged  with  high  crimes  and  mis 
demeanors.  But  it  must  not  be  forgotten  that  the  phenomena  produced 
by  the  mental  force  which  Mr.  Chaloner  has  designated  as  the  "X- 
Faculty,"  has  puzzled  and  appalled  mankind  since  the  dawn  of  creation. 
It  is  the  source  of  all  the  superstitions  of  all  the  ages  of  mankind. 
Ignorance  of  its  laws,  nay,  of  its  very  existence  as  an  attribute  of  the 
human  mind,  has  been  the  direct  or  indirect  cause  of  the  greater  part 
of  the  mental  alienation,  which  has  filled  the  insane  asylums  of  the 
civilized  world.  Hence  it  is  that  cautious  and  conservative  people 
view  with  alarm  any  attempt,  on  the  part  of  their  friends,  to  meddle 
with  any  of  its  multiform  phases  of  phenomena. 

But  the  science  of  the  last  decade  of  the  Nineteenth  Century  has 
lifted  the  veil  of  mystery  which  has  so  long;  enshrouded  the  "X-Fac 
ulty,"  and  shorn  it  of  its  power  to  harm  those  who  have  penetrated 
the  secret.  It  is  axiomatic  that  when  an  ignorance  of  Nature's  laws 
leads  one  into  danger,  a  knowledge  of  those  laws  will  lead  to  safety. 
This  knowledge  Mr.  Chaloner  possessed.  But  his  friends  who  did  not 
share  his  information  were  not  in  a  position  to  discriminate  between 
the  insensate  rashness  of  ignorance  and  the  intelligent  deliberations 
of  science,  so  long  as  the  subject  matter  was  the  same.  It  would  seem, 
therefore,  that  Chaloner's  imprisonment  was  due  to  the  over-anxiety 
and  caution  of  friends  who  were  not  in  a  position  to  appreciate  or 
understand  the  real  nature  of  his  scientific  investigations. 

Of  his  perfect  sanity  I  have  no  doubt  whatever. 
Respectfully  submitted, 

(Signed)     THOMSON  JAY  HUDSON. 
Detroit,  Michigan, 

Oct.  19,  1901. 


164 
Postscriptum. 

After  carefully  re-reading  my  opinion  in  re  the  case  of  John  Arm 
strong  Chaloner,  it  has  occurred  to  me  that  possibly  the  opinion  of 
his  friends  regarding  his  sanity  may  have  been  formed  from  witness 
ing  his  experiments  upon  himself  in  the  development  of  the  "X-Fac- 
ulty."  If  so,  a  very  erroneous  opinion  was  almost  inevitable,  owing 
to  the  eccentric  character  of  the  manifestations  of  the  "X-Faculty"  in 
the  early  stages  of  its  experimental  development.  This  is  well-known 
to  all  experimental  psychologists  who  develop  the  "X-Faculty"  in  their 
subjects  by  means  of  hypnotism.  Hypnotists,  however,  can  easily  regu 
late  the  phenomenal  manifestations  by  well-known  means.  But  an 
unrestrained  hypnotized  subject,  acting,  say,  under  the  influence  of  a 
false,  or  a  grotesque  suggestion,  would  inevitably  be  considered  in 
sane  by  any  one  not  informed  of  the  secret  self;  and  had  not  there 
fore,  the  benefit  of  a  restraining  of  his  mental  condition. 

Now,  Mr.  Chaloner,  made  his  experiments  upon  himself;  and  had 
not,  therefore,  the  benefit  of  a  restraining  or  regulating  agency  at  his 
side.  Consequently,  it  is  easy  to  see  that  in  his  early  experiments,  he 
may  have,  accidentally  or  purposely,  produced  mental  phenomena 
that  would  be  very  alarming  to  those  of  his  friends  who  were  not  in 
the  secret  of  his  experimental  research.  In  other  words,  he  may  have 
occasionally  surrendered  himself  temporarily  to  the  dominance  of  the 
"X-Faculty,"  for  the  purpose  of  studying  its  powers,  its  peculiarities, 
and  its  limitations.  In  fact  it  would  have  been  impossible  for  him  to 
thoroughly  inform  himself  on  all  these  points  without  experimenting 
with  every  phase  of  the  phenomena.  That  he  did  so  experiment,  and 
that  in  the  meantime  he  exercised  the  most  remarkable  powers  of  self- 
control  and  reason  when  in  his  normal  condition,  is  evidenced  by  the 
logical  and  scientific  character  of  his  final  conclusions  regarding  that 
wonderful  and  mysterious  faculty  with  which  he  was  experimenting. 

T.  J.  H. 


(Richmond  Virginian,  August  12,  1912.) 

HELL. 

Chapter  I. 
The  Call  of  Hell. 

CHALONER  TAKES   TRIP  INTO  HADES,  TALKS  TO  FRIEND. 


While  in  Mediumistic  Trance  Receives  Message  From  World  Beyond. 
HE,  HIMSELF,  DOES  NOT  BELIEVE  WORD. 

Warned  by  Friend  Against  Scoffing  He  Gives  it  Out  for  What  it  is 

Worth. 

With   tne   sensational    announcement   that   he   had   recently   held 
converse  with  the  spirit  of  a  departed  friend,  now  in  Hell,  and  that 


165 

he  was  prepared  to  give  to  the  world  some  insight  into  the  conditions 
existing  in  that  unknown  realm,  John  Armstrong  Chaloner  yesterday 
gave  to  the  Virginian  the  prepared  interview  with  which  he  startled 
the  coterie  of  newspaper  men  whom  he  had  invited  to  meet  him  yes 
terday  afternoon  at  Alexandria  in  order  that  he  might  outline  the 
nature  of  the  campaign  to  which  he  proposes  to  devote  his  life  and 
fortune. 

Mr.  Chaloner  made  good  his  promise  to  explain  his  plans,  for  the 
reformation  of  the  lunacy  laws,  and  then  very  gravely  sprang  the  un 
expected  sensation.  The  alleged  message  from  the  spirit  world  was 
transmitted  by  automatism  to  him  while  in  an  involuntary  medium- 
istic  trance  a  few  nights  ago.  The  spirit  which  established  communi 
cation  with  him  was  that  of  Thomas  Jefferson  Miller,  once  a  non 
commissioned  officer  in  the  Confederate  navy,  a  member  of  the  Man 
hattan  Club,  New  York,  and  a  personal  and  club  friend  of  Mr.  Chaloner's 
prior  to  his  incarceration  in  Bloomingdale  Asylum. 

Mr.  Chaloner  explained  that  he  was  an  "O.  K.  medium,"  so  pro 
nounced  by  the  late  Professor  James  and  others,  as  court  records  at 
Charlottesville  would  show,  and  at  the  same  time  he  was  an  unbeliever 
in  and  a  scoffer  at  spiritualism;  in  short,  that  his  sub-consciousness, 
or  X-Faculty,  as  he  terms  it — held  communication  with  spirits  against 
his  will.  He  said  that  the  spirit  of  his  old  friend  Miller  had  held 
converse  with  him  five  years  ago,  and  he  took  no  notes  of  the  message 
because  of  his  absolute  lack  of  faith  in  spiritualism.  He  has  no  more 
faith  now  than  he  had  then,  but  he  stated  his  belief  that  the  "alleged 
spirit  message,"  as  he  termed  it,  should  be  given  to  the  world  on  its 
merits. 

COPY  OF  LETTER 

ADDKESSED  TO  A  SCORE  OR   SO  OF  THE  MEMBERS  OF  THE 
PRESS   OF  WASHINGTON,    D.    C. 

Release  by  wire.  "The  Merry  Mills," 

Cobham, 
Virginia. 

August  2,  1912. 
DEAR  SIR: 

On  the  25th  of  last  month  I  happened  to  pick  up  an  "Illustrated 
London  News"  of  June  15th  last,  and  saw  under  the  headline  "Science 
Jottings,"  by  Andrew  Wilson,  an  article  concerning  reputed — to  cite — 
"So-called  spiritualistic  communications  purporting  to  emanate  from 
the  late  Mr.  W.  T.  Stead,  who  perished  on  the  'Titanic.'  The  result 
as  usual  has  been  nil.  What  has  been  done  is  that  certain  'mediums' 
professed  to  put  themselves  in  communication  with  the  deceased  jour 
nalist.  In  their  supposed  trance  state  they  assert  that  they  received 
messages  from  him.  Anything  more  puerile  than  the  supposed  com 
munications  it  has  never  been  my  lot  to  peruse.  Mr.  Stead  is  reported 


166 

to  have  told  his  friends  that  he  was  quite  free,  but  not  yet  attuned 
to  the  easy  and  perfect  sending  of  messages.  Later  on  it  was  hoped 
things  would  improve  in  this  respect.  It  is  tolerably  certain  the  vast 
bulk  of  us  have  not  so  far  lost  our  grip  of  common  sense  as  to  accept 
such  rubbish  as  evidence  of  another  world's  existence.  Has  there  ever 
been  sent  or  given  a  'spirit-message'  which  has  laid  before  mankind  any 
great  fact  or  truth  connected  with  the  hereafter?  Has  any  'spirit'  re 
vealed  to  us  what  all  of  us  are  devoutly  anxious  to  know  something 
definite  about — namely,  the  nature  of  that  after-state  of  being  which 
forms  so  prominent  a  feature  of  the  Christian  faith  f  You  have  igno 
rant  persons  posing  as  'mediums'  publishing  forth  their  ability  to  com 
municate  with  the  spirits  of  those  who  have  gone  before,  and  making 
a  travesty  of  certain  of  the  most  sacred  of  our  emotions  and  beliefs. 
Well  may  a  writer  in  scathing  terms  speak  of  these  people  to  whom 
death  has  no  sacredness,  and  who  treat  the  great  mysteries  of  the  uni 
verse  as  if  they  were  trivialties  of  the  first  order:  'But  when  we  come 
to  real  instruction,  reliable  information,  or  profitable  or  valuable  knowl 
edge,  Spiritualism  is  as  barren  as  Sahara,  as  empty  as  a  hollow  gourd.' 
We  are  reminded  of  the  Mrs.  Pipers,  and  other  mediums  whose  per 
formances,  wonderful  certainly,  are  still  enveloped  in  a  kind  of  mental 
fog.  At  the  very  best,  I  repeat,  neither  Mrs.  Piper  nor  any  other  me 
dium  has  ever  shed  any  light  on  any  of  the  great  problems  of  the  after- 
state,  such  as  humanity  has  day  by  day  to  face."  (Signed)  Andrew 
Wilson. 

On  pages  81-84  of  "Four  Years  Behind  the  Bars  of  'Blooming- 
dale,'  "  written  by  me,  in  the  Congressional  Library,  you  will  find  that 
so  far  back  as  October  10th,  1901,  Professor  Williamt  James,  of  Har 
vard,  (now  deceased),  pronounced  me  a  medium,  in  an  opinion  in 
favor  of  my  sanity,  in  my  trial,  on  said  subject  of  sanity  before  the 
Albemarle  County,  Virginia,  (now  Circuit)  Court,  November  6th, 
1901,  and  on  file  ever  since  in  the  Clerk's  Ofllce  of  said  court,  in 
Charlottesville,  Virginia.  Professor  James  went  on  to  say — page  83, 
ibid — "but  whereas  most  mediums  promptly  adopt  the  theory  current 
in  spiritualistic  circles,  Mr.  Chaloner,  prepossessed  against  that  hy 
pothesis,  appears  to  have  set  to  work  systematically,  and,  as  would 
appear  from  his  narrative"  (by  which  "narrative"  is  meant  a  letter 
from  me  together  with  certain  specimens  of  graphic  automatism — 
automatic  writing — made  by  me  in  a  trance-like  state  and  submitted 
to  him  by  mail  for  his  opinion  on  the  rationality  of  said  trance- 
writings)  "critically,  to  explore  them  and  determine  their  significance 
for  himself.  In  this  attempt  he  seems  to  me  to  deserve  nothing  but 
praise,  The  most  injudicious  act  of  which  he  is  accused  is  the  expe 
riment  with  fire.  As  described,  its  motivation  was  rational  and  its 
results  interesting  and  but  moderately  harmful.  It  seems  to  me  a 
monstrous  claim  to  say  that  a  man  may  not  make  experiments,  even 
as  extreme  as  that  upon  his  own  person  without  putting  his  legal  free 
dom  in  jeopardy.  The  Napoleon  experiment  falls  strictly  within  the 


167 

limits  of  praiseworthy  research.  Psychology  would  be  more  advanced, 
were  there  more  subjects  of  Automatism  (mediumship)  ready  to  ex 
plore  carefully  their  eccentric  faculty.  Although  the  medical  profes 
sion  is  beginning  to  acquaint  itself  with  these  phenomena,  it  is  still 
lamentably  ignorant,  for  in  Spiritualistic  circles  these  automatisms  are 
regarded  as  valuable  gifts,  to  be  encouraged  rather  than  checked,  and 
asylum  doctors  hardly  ever  see  them.  Specialists  in  insanity  are  par 
ticularly  ignorant.  When  they  do  see  them  they  may  interpret  them 
as  delusional  insanity,  with  which  they  are  familiar,  and  a  merely 
mediumistic  subject  may  thus  have  grievous  injustice  done  him.  So 
far  then  as  the  documents  sent  me  acquaint  me  with  the  facts  of  the 
case,  my  opinion  of  Mr.  Chaloner  is  that  he  is  intellectually  sound. 
No  evidence  to  show  his  dangerousness  to  others  or  his  inability  to 
manage  his  property  has  been  shown  me.  In  default  of  such  evidence, 
further  treatment  of  him  as  a  lunatic  would  seem  a  crime."  (Signed) 
William  James,  Cambridge,  Mass.,  October  10th,  1901. 

Since  Professor  James,  who,  by  the  way,  besides  being  Professor  of 
Psychology  at  Harvard,  was  also  a  member  of  the  medical  profession, 
having  taken  his  M.  D.  degree  at  Harvard  in  1870,  practically  discov 
ered  Mrs.  Piper,  the  well-known  medium  aforesaid,  of  Boston,  and  also 
discovered  your  humble  servant  as-  a  medium — who  doesn't  believe  in 
Spiritualism,  however, — as  shown  above,  and  since  so  well  known  a 
scientific  writer  as  Andrew  Wilson,  who  for  years  has  handled  the 
scientific  column  for  so  great  a  paper  as  the  "Illustrated  London  News" 
speaks  favorably  of  said  Mrs.  Piper  as  a  medium,  therefore  it  is  not  a 
far  cry  to  infer  that  I  am  "some  punkins"  of  a  medium  myself — to 
put  it  somewhat  jocularly.  Such  being  the  case  it  occurred  to  me — 
after  reading  said  article  in  the  "Illustrated  London  News" — that  it 
might  not  be  a  bad  idea  to  follow  up  a  lead  I  had  got  from  my 
"X-Faculty" — my  term  for  the  Sub-consciousness — some  years  ago 
when  experimenting  in  Experimental  Psychology  by  means  of  Vocal 
Automatism.  Said  lead  or  tip  was  nothing;  less  than  an  alleged  "spirit- 
message,"  as  Andrew  Wilson  callg  it  in  said  article,  from  a  deceased 
friend  of  mine,  who  had  died  a  few  years  previously.  Said  "spirit- 
message"  was  startling  to  a  degree;  and  left  strictly  nothing  to  be 
desired  regarding  an  alleged  revelation  of  life  beyond  the  grave.  Said 
deceased  friend!  was  about  80  years  old  at  the  time  of  his  demise  and 
a  prominent  member,  at  said  time,  of  a  prominent  New  York  Club.  He 
was  my  oldest  and  best  friend.  I  had  never  suggested  his  communi 
cating  with  me  in  the  event  of  his  death  before  mine  for  the  excel 
lent  reason  that  I  did  not  think  such  a  thing  possible. 

Imagine  then  my  surprise  upon  receiving  per  Vocal  Automatism, 
while  in  a  trance-like  state — in  which  state  I  have  for  over  fifteen  years 
carried  on  my  investigations  in  Experimental  Psychology — imagine  my 
surprise  upon  getting  a  so-to-speak  wireless  message  from  Hell!  For 
that  was  where  my  friend  said  he  was  at  said  time. 

I  shall  not  attempt  to  picture  my  surprise;  let  it  suffice  to  say  that 
my  scientific  curiosity  was  piqued. 


168 

Mr.  Miller,  for  that  is  his  name,  went  on  to  say  that  he  knew  that 
I  wouldn't  believe  him,  but  that,  nevertheless,  he  was  in  Hell,  and  had 
had  rather  a  warm  time  of  it  for  some  years  past — to  put  it  rather 
mildly — that  the  orthodox  claims  about  Hell  are  strictly  accurate  and 
minutely  correct — except  that  said  claims  fail  to  give  a  proper  esti 
mate  of  the  heat  and  torture  in  vogue  down  there.  He  concluded  by 
saying  that  his  head  was  bandaged — at  said  time  of  communication — 
from  the  wounds  he  had  received  at  his  torture.  That  he  was  thank 
ful  to  say  he  had  "paid  the  piper"  during  the  years  of  agony  he  had 
spent  in  Hell,  and  was  now  free  for  all  time  from  torment. 

At  said  time  I  was  engrossed  in  legal  work,  and  did  not  have  time 
to  repeat  said  experiment  in  Experimental  Psychology.  I  left  it 
alone  for  years.  Not  till  a  few  days  ago  when  I  read  said  article  by 
Andrew  Wilson  did  it  again  occur  to  me  to  resume  the  experiment. 
I  have  now  fully  completed  the  legal  work  which  has  absorbed  me 
for  eleven  years.  My  Petition  for  the  Impeachment  of  Judge  George 
C.  Holt.t  for  preventing  my  evidence  from  getting  before  the  jury  in 
my  recent  trial  of  my  case  of  Chaloner  against  Sherman,  in  the  Fed 
eral  District  Court,  for  the  Southern  District  of  New  York,  paints  the 
situation. 

I  am,  therefore,  free  to  resume  the  Psychological  Experiments 
that  got  me  into  so  much  unmerited  legal  trouble — hinted  at  in  Pro 
fessor  James's  opinion — fifteen  years  ago. 

Andrew  Wilson's  article  proves  that  there  is  a  public  international 
demand  for  such  an  experiment  as  I  proposed  with  the  alleged  spirit 
of  the  deceased  Mr.  Miller. 

I,  therefore,  a  few  hours  ago,  attempted  to  reopen  communication 
with  Mr.  Miller.  This  time  since  Vocal  Automatism  is  much  more 
fatiguing  to  operate  than  Graphic  Automatism — I  decided  to  employ  the 
latter;  and*  as  a  result,  have  about  sixteen  pages  of  legal  cap  filled 
with  automatic  writing  from  the  alleged  spirit  of  my  departed  friend. 

I  propose  to  let  you,  and  the  other  Members  of  the  Press  of  Wash 
ington,  not  all,  by  any  means,  but  a  selected  group,  see  the  first  page 
of  above  automatic  writing,  and  have  as  much  of  the  typed  contents 
of  said  sixteen-page  alleged  communication  from  Hell — about  ten 
pages  of  typewiting — as  you  care  to  take  down  as  I  read  it  off  from 
my  signed  typed  statement,  at  seven  o'clock  next  Sunday,  the  4th 
August,  at  Fleischmann's  Hotel,  Alexandria. 

Very  truly  yours, 

JOHN  ARMSTRONG  CHALONER. 

P.  S. — In  putting  "release  by  wire,"  at  the  top  of  this  letter,  I 
mean  that  you  gentlemen  may  release  the  story  upon  seeing  me  at 
seven  next  Sunday  evening. 


tThe  reason  Chaloner  did  not  oatoh  up  with  Holt,  J.,  and  make 
a,  pretty  good  try  at  baffling  his  Honor  before  the  Judiciary  Com 
mittee  of  the  House  of  Representatives,  on  account  of  his  Honour's 
reprehensible  act,  aforesaid,  was  that,  as  it  happened,  there  was  an 
unavoidable  delay  in  bringing  the  impeachment  proceedings,  and  con 
sequently  before  they  could  be  brought  Judge  Holt  had  resigned  from 
the  Bench. 


169 

AUTHOR  OP  "WHO'S  L.OONEY  NOW?"  GETS  SPIRIT  MESSAGE 

FROM  HADES  FROM  FRIEND  WHO  SAYS  HE 

IS  THERE. 


John  Armstrong  Chaloner  Gives  Interview  Relative  to  Lunacy  Laws, 
and  Describes  Reception  Room  of  His  Satanic  Majesty. 

(Washington  Herald,  August  5,  1912.) 

"John  Armstrong  Chaloner,  famous  for  that  immortal  expression 
of  "Who's  Looney  Now?"  former  husband  of  Amelie  Rives  and  brother 
of  Sheriff  Bob  Chanler,  who  married  Lina  Cavalieri,  disclosed  yester 
day  a  message  that  he  says  he  has  received  from  the  other  world. 

The  message  brings  news  of  the  physical  characteristics  of  his 
Satanic  majesty  and  a  description  of  Hades  that  at  least  has  the  merit 
of  being  unique.  The  message  received  by  Chaloner  comes,  he  insists, 
from  Thomas  Jefferson  Miller,  a  former  Confederate  officer,  and  mem 
ber  of  the  Manhattan  Club  of  New  York  City. 

•Chaloner,  who  was  born  "Chanler,"  and  who  changed  his  name 
because  of  the  alleged  plot  against  him  by  his  brother,  "Sheriff  Bob," 
of  New  York,  and  other  relatives,  summoned  the  newspaper  corres 
pondents  across  to  the  Virginia  side  of  the  Potomac  because  he  "didn't 
dare  come  north  of  the  Old  Dominion  line." 

Chaloner  was  adjudged  insane  in  New  York  State,  escaped  from 
Bloomingdale  Asylum,  and  was  then  declared  sane  by  the  Virginia 
courts.  He  is  afraid  that  if  he  leaves  Virginia  he  will  be  nabbed  and 
sent  back  to  Bloomingdale. 

"Last  month,"  said  the  former  husband  of  Amelie  Rives,  the 
novelist,  "I  picked  up  a  copy  of  an  English  illustrated  paper  and  saw 
therein  an  account  of  a  supposed  spirit  communication  with  W.  T. 
Stead,  who  went  down  on  the  Titanic.  The  statement  while  essentially 
puerile,  attracted  my  attention  because  the  late  Prof.  William  James 
had  informed  me  at  one  time  that  I  was  a  medium,  although  I  do  not 
believe  in  spiritualism." 

MESSAGE  FBOM  HELL. 

Chaloner  went  on  the  say  that  he  had  summoned  his  art  of 
"graphic  automatism,"  and  had  managed  to  get  in  touch  with  the 
spirit  of  Thomas  Jefferson  Miller,  with  whom  he  had  been  friendly 
when  Miller  was  of  this  world. 

"This,"  said  Chaloner,  was  last  Tuesday  evening,  "Miller,  or 
whatever  force  it  was,  immediately  replied  through  my  hand  and 
wrote  a  lengthy  statement,  answering  my  queries  and  giving  much 
information  in  regard  to  his  present  abode,  which  he  said  was  Hell, 
temporarily." 

Here  the  brother-in-law  of  Lina  Cavalieri  read  a  sixteen-page 
typewritten  statement,  giving  in  full  the  interview  with  the  disem- 


170 

bodied  spirit.  It  took  eight  hours  for  him  to  transcribe  the  message, 
with  short  intervals  for  food  and  sleep.  It  was  a  mighty  exhausting 
business. 

According  to  the  message  that  Chaloner  gives  to  the  world,  Hell 
w  \s  a  very  bearable  place  and  one  which  everybody  must  pass  through. 
Miller  admitted  to  his  former  friend  that  he  had  been  bad  enough 
on  earth  to  merit  more  punishment  than  he  had  received,  but  con 
sidered  that  his  relief  was  probably  due  to  the  fact  that  he  had  had 
"his  share  of  Hell  on  earth,  being  a  New  Yorker  with  social  standing 
and  no  money." 

SATAN  RESEMBLES  NAPOLEON. 

The  message  handed  out  by  Chaloner  describes  Satan  as  a  man 
of  medium  height,  whose  face  is  that  of  Napoleon  Bonaparte  at  the 
apex  of  his  power,  and  whose  habiliments  were  those  of  Michaelangelo's 
statue,  "The  Thinker."  His  Satanic  Majesty  was  seated  on  a  throne 
in  the  center  of  an  immense  audience  chamber. 

"The  walls  of  this  audience  chamber,"  says  the  message  recorded, 
"are  of  rubies.  The  rubies  are  the  size  of  ordinary  building  bricks, 
and  of  the  luster  and  fire  of  rubies  known  as  pigeon  blood.  In  place 
of  mortar  binding  the  bricks  and  making  a  white  line,  we  here  have 
diamonds  as  large  as  your  thumb  nail  and  of  the  purest  water.  To 
soften  and  enrich  the  fiery  effect  of  such  splendor,  the  diamond  line 
is  broken  every  few  inches  by  several  inches  of  sapphires,  as  blue  as 
the  Mediterranean.  The  floor  of  the  hall  is  of  marble,  that  has  the 
marvelous  quality  of  being  capable  of  taking  on  the  color  of  whatever 
stands  upon  or  flies  over  it.  Thus,  if  a  cherub  flies  over  the  floor 
space,  the  marble  at  once  becomes  tinged  with  red.  If,  on  the  other 
hand,  a  seraph  crosses  the  space,  the  marble  at  once  becomes  of  a 
cerulean  blue,  like  an  Italian  sky.  The  marble  takes  on  these  colors 
from  the  armor  and  vestments  of  the  mighty  angels,  which  are  scarlet 
and  blue,  respectively." 

BLOODHOUNDS  SPOIL  DREAM. 

At  this  point,  the  message  was  interrupted  by  the  baying  of  Mr. 
Chaloner's  bloodhounds  outside,  who,  he  thinks,  sensed  the  subcon 
scious  communication.  However,  the  roof,  Chaloner  learned,  is  of 
crystal,  so  pure  that  the  eye  can  pierce  it. 

At  the  end  of  the  message,  Chaloner  himself  records  the  following 
notes:  "Knocked  off  for  breakfast.  Bread  and  water." 

Mr.  Chaloner  anticipated  his  coming  from  near  Cobham,  Va.,  by 
writing  a  letter  to  the  Washington  correspondents  and  others,  in 
which  he  told  them  of  a  conversation  he  had  held  with  Miller,  who 
had  spoken  to  him  in  the  early  hours  of  the  morning  of  July  31st  last, 
from  Hell,  and  of  conversations  which  they  had  had  in  the  Manhattan 
Club.  This,  he  said,  had  convinced  him  that  he  could  communicate 
with  the  dead  while  in  a  "Napoleonic"  death  trance. 


171 

CHALONER  READS  STATEMENT. 

This  statement  was  read  by  Mr.  Chaloner,  and  was  a  most  remark 
able  affair.  It  embraced  twelve  and  a  fraction  typewritten  pages. 
Mr.  Chaloner  stated  that  he  wrote  it  in  long  hand  while  in  a  state  of 
subconsciousness.  He  declared  that  "he  did  not  believe  a  damn  word 
of  it,"  after  he  had  completed  its  reading: 

In  order  to  accomplish  his  ends  Mr.  Chaloner  said  he  would  go 
to  Alexandria  at  various  times  and  put  his  case  as  thoroughly  before 
the  American  people  as  did  Zola  in  the  Dreyfus  case.  "I  am,"  he 
said,  "going  to  hammer  on  it  and  hammer  on  it,  and  talk  them  to 
death  and  write  them  to  death,  and  make  it  a  common  household 
word  throughout  the  forty-eight  States  and  Territories  of  this  Union. 
I  am  going  to  bombard  these  gangsters  of  the  '400'  in  New  York  until 
I  make  them  sick  for  what  they  have  done."  He  declared  that  the 
New  York  district  courts  would  not  give  him  justice  until  he  had 
created  a  popular  sentiment  for  himself. 

Mr.  Chaloner  characterized  his  case  as  a  "blue  blood"  conspiracy. 
He  said  John  G.  Milburn  and  Joseph  H.  Choate  were  so  powerful  that 
no  Federal  judge  of  the  lower  courts  would  dare  go  against  them.  "I 
am  after  public  opinion  to  keep  the  judges  straight,"  he  said.  He 
made  reference  to  his  impeachment  charges  against  Judge  George  C. 
Holt,  of  New  York,  who,  he  said,  had  refused  to  permit  a  jury  to  hear 
his  affidavit  begun  in  Charlottesville  in  October  of  last  year,  and  ended 
in  January  of  the  present  year.  He  charged  Judge  Holt  with  being 
"an  insurrecto  against  the  rules  which  govern  all  civilized  courts." 

NAME,  NEW  YOBK,  STINKS. 

Asked  if  he  would  go  back  to  New  York  were  he  to  gain  his  vic 
tory,  Mr.  Chaloner  declared  he  was  indifferent  to  ever  going  there. 
"I  don't  care,"  he  said,  "ever  to  set  foot  there  again.  It  has  got  too 
horrible  an  association  of  ideas  for  me.  The  name  of  New  York 
stinks  to  me  for  a  place  to  live  in.  I  have  as  much  dread  of  the 
wickedness  there,  not  only  on  the  East  Side,  but  on  Fifth  Avenue,  as 
Russian  Jews  have  of  a  murder  car." 

Mr.  Chaloner  denounced  the  lunacy  laws  of  most  of  the  States  as 
villainous.  In  Washington  they  were  "bum."  In  Baltimore  and  Phila 
delphia  and  New  Jersey  worse  still,  "and  in  New  York  they  are  simply 
parallel  with  hell."  He  said  he  took  his  life  in  his  hands  when  he 
went  to  Washington  recently  and  conferred  with  a  Congressman  about 
Judge  Holt's  impeachment.  It  was  his  purpose,  he  said,  to  reform 
these  lunacy  laws  of  the  country  in  accordance  with  an  oath  he  had 
taken  while  a  patient  at  Bloomingdale.  He  was  fully  prepared,  he 
said,  to  wear  Congress  and  the  public  out  "until  I  make  one  of  them 
ashamed  of  themselves  for  being  parties  to  such  a  damnable  state  of 
lawlessness,  tyranny,  and  dishonesty  which  is  rife  to-day  in  nearly 
50  per  cent,  of  the  States  of  the  Union." 


172 

These  laws,  he  held,  would  be  a  disgrace  to  the  Congo  under  the 
enlightened  rule  of  the  late  King  Leopold  of  Belgium. 

Arriving  at  the  office  of  the  Alexandria  Gazette  building  at  a  few 
minutes  after  4  o'clock  Mr.  Chaloner  took  exactly  two  hours  and 
twenty  minutes  to  tell  his  story  to  the  scribes.  The  story  of  his 
alleged  conversation  with  a  deceased  friend  while  in  a  state  of  sub- 
conciousness  was  related  after  he  had  gotten  through  his  other  talk. 

WEARS  PLAIN,  CLOTHES. 

As  soon  as  Mr.  Chaloner  reached  the  office  in  a  carriage  from  the 
union  railway  station,  he  entered  and  announced  himself,  after  which 
he  began  his  work  of  bombarding  the  New  York  authorities  for  his 
incarceration  in  Bloomingdale  for  a  period  of  four  years. 

Mr.  Chaloner  talked  with  vim  and  at  times  he  emphasized  his 
remarks  upon  his  auditors  by  clapping  his  hands  together. 

Mr.  Chaloner,  for  a  millionaire,  was  not  clad  very  pompously, 
wearing  but  plain  clothing.  He  wore  a  blue  serge  coat  and  waistcoat, 
and  dark  trousers,  and  carried  with  him  a  light  overcoat  with  velvet 
collar,  and  he  also  had  rubbers  in  a  small  suit  case,  the  latter  con 
taining  books  which  he  has  written.  The  nature  of  some  of  these 
books  was  explained  by  him  during  the  course  of  the  interview.  Before 
sitting  down  he  placed  behind  him  a  heavy  looking  black  wallet  which 
he  said  was  for  his  spine,  he  having  suffered  from  spinal  trouble  as 
a  result  of  his  incarceration  in  Bloomingdale.  Mr.  Chaloner  used  this 
for  a  rest  for  his  spine  and  then  began  to  unfold  his  story. 

In  addition  to  the  newspaper  men  was  Prof.  Helmut  P.  Holler, 
President  of  the  Washington  Psychological  Society,  who  had  a  confer 
ence  with  Mr.  Chaloner.  At  the  conclusion  of  his  interview  Mr.  Chal 
oner  left  for  Richmond. 


"The  walls  are  of  rubies  of  the  size  of  ordinary  building  bricks, 
and  of  the  lustre  and  fire  of  rubies  known  as  pigeon  blood.  In  place  of 
mortar  binding  the  bricks  and  making  a  white  line,  we  have  diamonds 
as  large  as  your  thumb-nail  and  of  the  purest  water.  To  soften  and 
enrich  the  fiery  effect  of  such  splendor  the  diamond  line  is  broken 
every  few  inches  by  sapphires  as  blue  as  the  Mediterranean.  The  floor 
of  the  hall  is  of  marble  that  has  the  marvelous  quality  of  being  capable 
of  taking  on  the  color  of  whatever  stands  upon  or  flies  over  it.  Thus, 
if  a  cherub  flies  over  the  floor  space,  the  marble  at  once  becomes 
tinged  with  red.  If,  on  the  other  hand,  a  seraph  crosses  the  space, 
the  marble  at  once  becomes  of  a  cerulean  blue,  like  an  Italian  sky. 
The  marble  takes  on  the  colors  from  the  armor  and  vestments  of  the 
mighty  angels,  which  are  scarlet  and  blue,  respectively." 


173 

HELL 

"The  volume  is  a  wonderful  work  as  books  go,  and  its  title  repre 
sents  adequately  its  contents." — Richmond  "Neics  Leader,"  October  28, 
1912. 

"This  last  work  of  Mr.  Chaloner  is  literature. 

John  Milton  has  not  got  much  in  the  way  of  word  painting  on 
John  Armstrong  Chaloner  and  Thomas  Jefferson  Miller,  when  they 
get  together,  over  the  long  distance. 

The  author  may  rest  assured  that  his  book  will  be  read." 

— Richmond  Evening  Journal,  October  30,  1912. 


A    MESSAGE   FROM  HELL. 

The  Author  of  "Who's  Looney  Now"  Writes  a  Red-Hot  Book. 

John  Armstrong  Chaloner  has  just  written  a  book  entitled  "Hell," 
which  he  declares  is  an  account  of  his  study  in  graphic-automatism. 
The  book,  which  is  dedicated  to  Dante,  John  Milton  and  John  Bun- 
yan,  described  as  the  author's  "illustrious  predecessors  in  this  dread 
domain,"  tells  in  weird  and  picturesque  language  the  experiences  in 
Hell  of  one  Miller,  a  former  friend  of  the  author,  from  whom  Mr. 
Chaloner  received  the  messages  by  means  of  what  he  calls  The  X- 
Faculty.  Mr.  Chaloner  has  opened  up  a  new,  if  somewhat  red-hot, 
field  of  modern  literature. — Times-Dispatch,  October  30,  1912. 


A   NEW   VISION   OF  HELL. 

Not  a  Bad  Sort  of  Place  at  All,  Accordinff  to  Mr.  Chaloner. 

It  might  be  more  reassuring  for  those  interested  in  knowing  what 
sort  of  place  is  reserved  for  the  wicked  after  death  if  John  Arm 
strong  Chaloner  had  been  permitted  to  describe  more  than  merely 
the  Audience  Chamber  of  his  Satanic  Majesty.  The  picture  which  he 
gives  us  of  this  room,  with  its  walls  of  rubies,  diamonds  and  sap 
phires,  is  attractive  enough,  yet  doubt  is  allowed  to  linger  as  to  the 
furnishings  and  other  appurtenances  of  the  living-rooms  of  the 
transient  and  permanent  guests. 

According  to  the  message  which  Chaloner  gives  the  world  from 
his  former  friend,  the  Infernal  Regions  would  seem  to  be  a  very 
tolerable  place  in  which  to  live.  At  any  rate,  the  precious  stones 
which  ornament  the  Audience  Chamber  of  the  Prince  of  Darkness 
would  seem  to  give  to  that  place  very  much  the  same  aspect  ascribed 
to  heaven,  with  its  pearly  gates  and  streets  of  gold. 

The  floor  of  marble  that  has  the  quality  of  taking  on  the  color 
of  whatever  stands  upon  or  flies  over  it  is  another  interesting  touch 
in  the  vision.  With  cherubs  and  seraphs  flitting  back  and  forth, 


174 

changing  the  color  alternately  to  red  and  blue,  a  kaleidoscopic  effect 
is  no  doubt  produced  that  would  be  worth  going  far  to  see. 

It  is  disappointing  not  to  be  told  more  about  this  interesting 
place.  The  glimpse  Into  the  Audience  Chamber,  with  Satan  presiding 
and  looking  like  Napoleon  Bonaparte  at  the  apex  of  his  power,  cries 
out  for  another  and  completer  picture.  But  perhaps  Mr.  Chaloner 
intends  to  give  us  this  in  time,  even  if  he  has  to  go  there  for  it. — 
San  Francisco  (Gal.)  Chronicle,  August  6,  1912. 

"John  Armstrong  Chaloner's  vision  of  Hell,  with  an  Audience 
Chamber  built  of  rubles,  diamonds  and  sapphires,  is  quite  different 
from  the  picture  Dante  gave  us.  However,  it  may  be  a  true  one. 
It  would  be  Hell  to  see  all  these  things  and  not  be  able  to  have 
any  of  them." 


VIA  MB.  CHAIX)NER. 

Mr.  John  Armstrong  Chaloner  disarms  the  skeptical  who  would 
pooh-pooh  his  revelation  of  Hell.  Some  one  called  the  world  over  his 
wires  and  said  Satan  looked  like  Napoleon  Bonaparte,  that  his  resi 
dence  was  of  marble,  rubies  and  diamonds,  and  that  the  place  would 
be  a  relief  to  any  man  who  had  been  trying  to  maintain  a  social 
position  in  New  York  without  money. 

That's  the  message  that  came  via  Mr.  John  Armstrong  Chaloner. 
As  a  medium  he  is  neither  skeptical  nor  credulous.  A  genuine  medium 
is  merely  a  cosmic  telephone  wire.  Mr.  Chaloner  does  not  guarantee 
the  good  faith  of  the  person  on  the  other  end.  He  thinks  it  was 
Thomas  Jefferson  Miller,  but  it  may  have  been  Artemus  Ward,  or 
Mark  Twain,  or  William  James,  who  said  he  would  send  back  a  mes 
sage  if  there  were  any  way  of  doing  it. 

That  Hell  would  have  no  terrors  for  a  man  who  had  been  broke 
in  New  York  has  been  suspected — confidently  declared  in  some  in 
stances — and  if  Mr.  Chaloner's  message  is  confirmation  of  the  idea  it 
will  cause  no  particular  sensation.  The  most  interesting  part  of  the 
revelation  is  that  Satan  looks  like  Napoleon.  That  explnins  the  notion 
prevailing  in  Europe  that  the  head  devil  was  absent  from  his  do 
main  about  1768  to  1821. — Chicago  (III.)  Tribune,  August  6,  1912. 


THE    PASSING    SHOW. 

According  to  a  spirit  message,  John  Armstrong  Chaloner  has  re 
ceived  from  a  former  friend  on  earth,  "the  walls  of  Hell  are  of 
rubles  the  size  of  building  bricks,  and  the  lustre  and  fire  of  rubies 
known  as  pigeon  blood.  In  place  of  mortar  binding  the  bricks  and 
making  a  white  line,  we  have  diamonds  as  large  as  your  thumb-nail 
and  of  the  purest  water.  To  soften  and  enrich  the  fiery  effect  of 
such  splendor  the  diamond  line  is  broken  every  few  inches  by  sap- 


175 

phires  as  blue  as  the  Mediterranean."  Persons  who  contemplate  going 
to  the  place  which  Chaloner  has  so  prettily  described,  should  take 
with  them  a  complete  equipment  of  mining  implements. — New  Orleans 
(La.)  States,  August  8,  1912. 


John  Armstrong  Chaloner  claims  to  have  communicated  with  a 
New  Yorker  in  Hell.  Kindly  note  that  "New  Yorker." — Columbia  (S. 
C.)  State.— New  York  Tribune,  August  9,  1912. 


John  Armstrong  Chaloner,  always  interesting  and  sometimes 
unique,  has  learned  that  "Satan  is  a  gentleman."  H — m :  he  has  to 
be  to  get  away  with  it. — New  York  Telegraph,  August  6,  1912. 

EDGAR  SAJLTUS  IN  "VANITY  FAIR." 

NEW  YORK,  January,  1914. 

To  old  New  Yorkers — there  are  a  few  left — Fifth  Avenue  occasion 
ally  becomes  a  ghostly  haunt  of  the  departed.  Among  the  latter  is  a 
man  who  dematerialized  and  then  reincarnated.  Formerly  known  as 
Chanler,  now  he  is  Chaloner.  But,  in  the  interim,  he  went  not  to 
heaven  but  to  Bloomingdale.  And  why  not?  Besides,  any  excursion 
is  valuable  if  it  deepen  your  experience  of,  life.  Now,  here  he  is  again 
and  very  humanly  in  the  shape  of  a  document.  Entitled  Scorpio,  it 
is  a  shandigaff  of  prose  and  verse.  Usually  such  things  are  inoffen 
sive  specimens  of  harmless  literature.  But  not  Scorpio.  Richepin 
wrote  a  breviary  that  was  like  an  explosion  of  Roman  candles.  He 
also  wrote  a  hymnal  that  was  so  many  doors  slammed  in  your  face. 
Richepin,  though  a  member  of  the  French  Academy,  a  membership 
which  usually  is  a  patent  of  incapacity,  had  something  to  say  and 
knew  how  to  say  it.  In  piety  and  truculence  this  thing  of  Mr.  Chal- 
oner's  equals  Richepin's  wares.  In  commenting  on  an  earlier  per 
formance,  a  critic  called  the  author  a  literary  bruiser.  Previously 
the  Supreme  Court  had  adjudged  him  insane.  Well,  with  entire  defer 
ence,  it  does  seem  a  pity  that  there  are  not  more  lunatics  like  him 
and  also  that  on  the  buttered  toast  of  our  literature  there  is  so  little 
anchovy  paste. 


HENRY   BRINSLEY   IN    "VANITY   FAIR." 

NEW  YORK,  January,  1914. 

I  have  been  deeply  moved  recently  by  some  verses  of  Mr.  John 
Armstrong  Chaloner's,  who  has  just  published  a  slender  volume  of 
sonnets  called  "Scorpio."  The  following  lovely  little  lyric  will  tell  its 
own  message  without  prosaic  comment  on  my  part. 


176 

DEATH. 

When  our  appointed  sands  shall  run  their  course, 

When  in  life's  brief  hour-glass  none  doth  remain, 

When  death's  mysterious  river  we  must  cross, 

The  following  thoughts  may  ease  the  Soul  her  pain: 

Death  the  Ang,el  is  of  all  activity 

The  "open  sesame"  to  action  rare — 

The  quick'ning  of  a  new  nativity 

In  a  world  which  is  as  dreadful  as  it's  fair. 

The  bones  do  rest,  the  dust  doth  rest.    They  rest. 

But  the  Spirit — that  which  sprang  from  God's  bright  Throne — 

The  Spirit  which  His  breath  gives  life  and  zest, 

The  Spirit  thro'  eternity  goes  on! 

Tomb  the  portal  is  to  Hell  or  Paradise — 

Purgatory  is  Hell  and  versa  vice. 


SCORPIO 

(Sonnets) 
BY   JOHN  ARMSTRONG   CHALONER. 

Keats  has  told  us  that  "they  shall  be  accounted  poet-kings 
who  simply  say  the  most  heart-easing  things?"  It  may  well 
be,  therefore,  that  the  author  of  the  present  volume  of  son 
nets  has  no  desire  to  be  ranked  among  the  poet-kings.  For  he 
certainly  does  not  come  to  us  with  heartsease  in  his  hand.  On 
the  contrary  he  prides  himself  on  the  fact  that  he  is  a  hard 
and  terrible  hitter.  Indeed.,  he  assures  us  that  he  has  come 
to  the  conclusion  that  you  can  put  a  wicked  man  "to  sleep" 
with  a  sonnet  in  pretty  much  the  same  way  that  a  prize 
fighter  puts  his  opponent  to  sleep  with  a  finished  blow.  And 
not  only  does  Mr.  Chaloner  believe  in  what  we  may  term  the 
sonnetorial  fist,  but  he  believes  also  in  whips  and  scorpions, 
for  the  cover  of  his  book  is  decorated  with  an  angry-looking 
seven-thonged  scourge,  and  he  dubs  the  whole  effort  "Scor 
pio."  So  that  when  we  look  to  the  fair  page  itself  we  know 
what  to  expect. 

Nor  are  we  disappointed.  Mr.  Chaloner  goes  to  the  opera. 
Being  a  good  poet,  he  immediately  writes  a  sonnet  about  it, 
the  which,  however,  he  calls  "The  Devil's  Horseshoe."  We 
reproduce  it  for  the  benefit  of  all  whom  it  may  concern : 

'A  fecund  sight  for  a  philosopher — 

Rich  as  Golconda's  mine  in  lessons  rare — 

That  gem-bedizen'd  "horse-shoe"  at  th'  Opera, 

Replete  with  costly  hags  and  matrons  fair! 

His  votaresses  doth  Mammon  there  array, 

His  Amazonian  Phalanx  dread  to  face! 

To  Mammon  there  do  they  their  homage  pay! 

Spang'ld  with  jewels,  satins,  silks  and  lace, 

Crones  whose  old  bosoms  in  their  corsets  creak; 

Beldams  whose  slightest  glance  would  fright  a  horse; 

Ghouls — when  they  speak  one  hears  the  grave-mole  squeak 

Their  escorts  parvenus  of  feature  coarse, 

A  rich  array  of  Luxury  and  Vice! 

But,  spite  of  them,  the  music's  very  nice.' 

Here  you  have  whips,  scorpions,  and  a  knockout  blow 
with  a  vengeance.    The  sonnet  as  a  whole  is  not  one  which  we 


178 

can  approve  from  a  technical  or  sentimental  point  of  view, 
but  it  has  points.  Henley  might  have  plumed  himself  on  that 
line  about  the  creaking  corsets,  and  the  last  line,  a  tour  de 
force,  in  its  way  reminds  us  of  the  withering  ironies  of  Byron. 
It  is  only  fair  to  Mr.  Chaloner  to  add  that  not  all  his  sonnets 
are  concerned  with  back-flaying,  bosom-stinging,  or  general 
thumping.  Some  of  them  show  the  tenderer  emotions  proper 
to  a  poet.  We  like  him  best,  however,  in  his  character  as 
metrical  bruiser.  He  is  always  on  the  side  of  the  angels  even 
if  he  is  frequently  over  vigorous;  and  his  book  is  well  worth 
possessing.  We  gather  that  he  has  undergone  personal  trou 
bles  of  no  light  or  ordinary  nature,  and  it  is  pleasant  to 
note  that,  despite  these  troubles,  he  still  retains  a  sane  and 
reasonable  outlook  upon  life,  for  when  he  likes  he  can  be 
quite  pleasantly  humorous  instead  of  acridly  bitter. — The 
Academy,  London,  August  8,  1908. 


"THE  PLAY'S  THE  THING11 

—Hamlet 


As  a  playwright  the  writer  is  well  aware  that  nothing  should  be 
set  upon  the  boards  which  is  not  applicable  to  real  life;  by  which  is 
meant,  which  might  not  have  taken  place  in  real  life.  We  are  well 
aware  that  the  happenings  in  "Robbery  Under  Law"  are  above  the 
level  of  the  commonplace — above  the  level  of  the  ordinary — 
above  the  level  of  the  humdrum.  So  far  so  good.  But  we  have 
submitted  incontrovertible  evidence — in  the  shape  of  the  opinions 
of  our  celebrated  specialists — as  well  as  in  the  shape  of  the  letter 
to  Commonwealth's  attorney  Micajah  Woods  dated  July  3,  1897 — 
that  the  facts  set  forth  in  "Robbery  Under  Law"  are  facts  which  have 
already  occurred  in  real  life  in  the  case  of  CJialoner  against  Sherman, 
and  might  occur  in  real  life  again  any  day. 

As  a  historian — author  of  that  history  of  the  inner  workings  of  the 
main-spring  of  Metropolitan  life  in  New  York,  during  the  closing  years 
of  the  19th  and  the  first  decade  of  the  20th  centuries — entitled  "Four 
Years  Behind  The  Bars  of  'Bloomingdale'  Or  The  Bankruptcy  Of  Law 
in  New  York" — we  are  appalled  at  the  attitude  of  the  press  of  the 
United  States  towards  that  now  celebrated  expose  of  life  behind  the 
scenes  in  the  so-called  "Four  Hundred."  With  the  exception  of  the 
New  York  "World,"  the  New  York  "Tribune"  and  one  other  New  York 
paper,  not  a  solitary!  line  appeared  in  reference  to  the  startling  dis 
closures  spread  at  large  in  the  pages  of  "Four  Years  Behind  The  Bars," 
at  the  hands  of  the  Metropolitan  press.  Not  one  solitary  line.  Lastly, 
with  the  exception  of  the  Raleigh,  North  Carolina,  "News  and  Observer" 
and  the  Richmond  "News-Leader"  and  the  Richmond  "Evening  Journal" 
not  a  line  appeared  in  criticism  of  said  book  south  of  Mason  and 
Dixon's  line. 

Such  a  statement  is  enough  to  make  the  spirit  of  George  Washing 
ton  revisit  the  haunts  of  his  former  activities;  and  damn  to  Hell  and 
on  down — as  Carlyle  was  wont  to  put  it — the  degenerate  ways  of  the 
people  now  enjoying  the  glorious  land  won  for  them  ~by  his  sword. 
The  amazingly  amusing  spectacle  in  this  alleged  "land  of  the  free" — 
of  a  law  abiding  citizen — who  has  proved  himself  an  Art  Patron  to 
the  tune  of  establishing  a  hundred  thousand  dollar  Scholarship; 
from  the  income  of  which  Art  Students  of  both  sexes  are  sent  to 
Europe  to  perfect  their  studies  in  all  the  branches  of  Art  from  Paint 
ing  to  Music  and  the  Stage — following  the  lines  of  Napoleon's  Prix  de 
Rome — to  which  he  himself  gave  two  whole  years  of  his  life,  crossed 
the  ocean  four  times,  went  as  far  West  as  Cincinnati  and  Chicago,  and 
as  far  South  as  New  Orleans,  and  subscribed  thirteen  thousand  dol- 


180 

lars — the  funny  sight — in  this  alleged  "land  of  the  free"  of  a  man 
like  that,  being  arrested  and  locked  up  for  life  as  a  dangerous  lunatic; 
is  enough  to  make  a  horse  laugh,  and  make  any  citizen  of  this  great 
and  glorious  Republic  capable  of  a  moment's  sustained  thought  outside 
the  national  pursuit  of  the  dollar,  shake  in  his  shoes  for  the  future  of 
the  United  States.  When  said  citizen  delves  deeper  into  the  malodorous 
mess  known  as  Chaloner  against  Sherman  he  finds  that  all  and  sundry 
charges  against  the  plaintiff  are  perjuries  pure  and  simple;  upon 
the  part  of  relatives,  either  interested  in  getting  him  out  of  the  way 
for  life,  in  order  that  they  might  enjoy  his  large  and  constantly  grow 
ing  fortune  at  his  death;  or  relatives  who  had  quarrelled  with  him 
and  desired  to  see  him  in  an  undesirable  situation. 

We  do  not  consider  it  necessary  at  this  time  to  even  hint  at  the 
object  the  press  of  the  United  States  had  in  attempting  to  smother 
"Four  Years  Behind  The  Bars."  That  book  was  sent  registered,  to 
some  fifty  or  so  leading  newspapers  from  the  Atlantic  to  the  Pacific 
and  from  the  Lakes  to  the  Gulf,  with  the  aforesaid  results.  Right 
here  it  might  be  said — more  in  sorrow  than  in  anger — that  the  press 
of  the  United  States  has  ceased  to  represent  the  happenings  of  the  day 
throughout  the  United  States.  Instead  it  picks  and  chooses  among 
those  happenings  those  which  suit  its  editorial  policy,  its  business 
policy,  its  social  "high-society"  policy;  and  all  other;  facts  it  does  its 
damnedest  to  smother.  And  when  smothering  is  out  of  the  question,  to 
colour  and  otherwise  distort.  Such  being  the  case  we  have  utterly 
and  entirely  ceased  to  expect  fair  play,  or  anything  in  the  remotest 
degree  resembling  decent  treatment,  or  even  honest  truthful  treatment, 
at  the  hands  of  the  press  of  the  United  States.  We  hasten  to  say 
that  there  are  quite  a  good  many  honourable  exceptions  to  this  rule, 
but  the  vast  majority  of  the  American  press  is  as  we  have  pictured  it, 
towards  the  author  of  "Who's  Looney  Now?"  and  his  variegated  and 
militant  fortunes.  Such  being  the  case  we  have  taken  the  following 
formidable  resolve,  to  wit,  So  soon  as  we  have  recovered  our  property 
we  shall  start  out  on  the  road  and  with  a  good  company,  enact  the  role 
of  "Hugh  Stutfield"  in  "Robbery  Under  Law."  If  we  find  the  theatres 
closed  against  us  for  the  same  reason  that  we  find  the  newspapers — 
whatever  that  reason  may  be — we  shall  follow  the  illustrious  example 
of  Madame  Sarah  Bernhardt  under  the  precise  and  identical  circum 
stances,  and  act  in  a  tent!  Having  a  million  and  a  half  of  property 
we  are  in  a  fairly  strong  position  as  regards  carrying  out  to  the  letter 
the  above  pushful  programme.  The  first  question  that  will  present 
itself  to  the  reader  will  be  "What  kind  of  a  fist)  can  'Who's  Looney 
Now?'  make  at  acting?  Can  he  act?"  To  which  we  hasten  to  make 
answer  "  'Who's  Looney  Now?'  undoubtedly  can  act."  Thus.  In  the 
first  place,  there  is  a  good  deal  in  heredity  and  environment  at  birth. 
Now  "Who's  Looney  Now"  came  within  one  ace  of  being  born  on  the 
stage — of  being  actually  born  on  the  boards!  The  remarkable  facts  are 
as  follows,  "Who's  Looney  Now's?"  Mamma  was  very  fond  of  the 


181 

Theatre.  The  night  before  "Who's  Looney  Now?"  appeared  in  this 
world  "Who's  Looney  Now's?"  Mamma  was  seized  with  a  desire  to 
attend  a  theatrical  performance  that  was  taking  place  on  the  next 
block  from  the  house  she  was  then  visiting.  This  house  was  the  Town 
house  of  her  Grandfather,  the  late  William  B.  Astor  in  LaFayette 
Place,  New  York,  in  the  shadow  of  the  Astor  Library.  "Who's  Looney 
Now's?"  Papa  humoured  his  wife's  whim — it  being  the  first  time  such 
a  thing  had  occurred — "Who's  Looney  Now?"  being  his  Mamma's  first 
born — and  accompanied  his  wife  to  the  Play  House  and  the  best  box 
therein.  Before  the  play  was  over — to  cut  a  long  story  short — "Who's 
Looney  Now's?"  Mamma  had  to  hurry  home  in  order  to  avoid  a  most 
sensational  denouement. 

Under  the  circumstances  aforesaid  it  should  not  be  surprising  to 
an  open  minded  reader,  that  "Who's  Looney  Now?"  has  had  from 
earliest  childhood  a  penchant  for  the  stage.  Such  being  the  fact  "Who's 
Looney  Now?"  has  always  carried  it  locked  in  the  inmost  recesses  of 
his  breast  that — provided  circumstances  were  favorable  to  such  a  sen 
sational  and  unusual  thing — he  would  one  day  go  on  the  stage!  With 
this  secret  intent  he  has  always  avoided  strenuously  taking  any  active 
part  in  that  morgue  for  histrionic  ability  "Private  Theatricals."  Two 
facts  stand  out  in  "Who's  Looney  Now's?"  later  years,  indicating  his 
ability  to  make  g,ood  on  the  boards.  The  first  fact  indicates  ability 
in  said  line.  The  second  fact  indicates  serious  study  along  and  in  said 
line.  Fact  number  one  is  that  "Who's  Looney  Now?"  surprised  and 
delighted  his  Father — his  Mother  being  now  dead — by  taking  first  prize 
in  Declamation  at  a  Military  Academy,  by  name,  "St.  John's  School," 
Ossining-on-Hudson,  New  York;  at  the  early  age  of  thirteen — out  of  a 
school  of  seventy-five  boys — many  of  whom  were  four  or  five  years 
"Who's  Looney  Now's?"  senior.  Anyone  who  knows  anything  about 
acting  knows  it's  harder  to  be  interesting  on  a  naked  platform  against 
a  white-washed  schoolroom's  wall,  than  surrounded  by  all  the  sensu- 
ousness  and  fairy  glamour  of  the  foot-lights. 

Fact  number  two  is  that  "Who's  Looney  Now?"  devoted  a  whole 
winter  while  an  undergraduate  at  Columbia  University  in  New  York, 
to  taking  lessons  in  gesture  and  intonation,  the  use  of  the  throat  and 
lungs,  from  a  professional  in  that  line;  whose  business  it  was  to  train 
professional  actors — that  early  day  being  long  before  Dramatic  Acad 
emies — for  fitting  aspirants  for  the  stage — had  been  dreamed  of.  "Who's 
Looney  Now?"  being  a  great  admirer  of  Edwin  Booth — whom  he  knew 
personally — and  considering  him  the  greatest  actor  of  his  day,  if  not 
of  any  day — spent  about  four  nights  out  of  each  week  during  Booth's 
last  and  longest  season  at  Booth's  Theatre  at  23rd  Street  and  Sixth 
Avenue — during  the  same  year  that  he  was  studying  elocution  profes 
sionally — and  also  sent  his  Dramatic  Instructor  aforesaid  to  the  same 
Theatre  frequently — supplying  the  Instructor  with  the  necessary  tick 
ets.  The  next  day  "Who's  Looney  Now?"  would  read  the  soliloquies  in 
Hamlet  and  Richard  III  to  the  Instructor,  rendering  the  same  with 


182 

as  nearly  the  same  tone,  accent,  and  inflection,  as  Booth  had  given 
them  the  night,  or  nights,  before.  Now  a  study  of  the  features  of 
"Who's  Looney  Now?"  in  the  Frontispiece,  followed  by  a  comparison 
of  said  features  with  those  of  Edwin  Booth,  will  lead  to  a  revelation 
of  the  fact  that  there  is  somewhat  more  than  a  passing  likeness  be 
tween  the  storm-tried  face  of  "Who's  Looney  Now?"  and  that  of  Edwin 
Booth.  Lastly,  in  said  connection.  The  tones  of  "Who's  Looney 
Now's?"  voice  so  strongly  resemble  those  of  Edwin  Booth  that  said 
Dramatic  Instructor  remarked  more  than  once  to  "Who's  Looney  Now?" 
upon  the  latter's  finishing,  the  opening  speech  of  Richard  III  or  the 
"To  be  or  not  to  be"  of  Hamlet — "If  you  shut  your  eyes  it  sounds  as 
tho'  Booth  were  in  this  room."  When  to  the  above  serious  active  work 
in  the  Dramatic  Art  is  added  the  fact  that,  some  years  later,  "Who's 
Looney  Now?"  carried  his  Lares  and  Penates  to  Paris  and  set  them  up 
in  a  house  or  private  apartment  of  his  own  for  five  consecutive  years; 
during  which  time  there  was  hardly  a  week  elapsed  without  his  going 
to  the  Theatre  Francois  at  least  once,  if  not  twice,  as  well  as  once 
or  twice  each  week  to  some  other  of  the  leading  French  Theatres, 
it  becomes  palpable  to  the  poorest  observation  that  "Who's  Looney 
Now?"  was  "going  some" — to  Theatres — to  school.  All  this  time 
"Who's  Looney  Now?"  had  the  starry  end  in  view,  to — one  of 
these  days — provided  always  and  only  that  Fate  should  be  pro 
pitious — that  circumstances  should  point  the  way  to  that  rugged  and 
daring  path  of  toil  and  disappointment  and  severe  work — the  starry 
end  in  view  to  at  the  proper  time — have  a  dash  on  the  boards.  And  all 
this  time  therefore  "Who's  Looney  Now?"  was  watching  Coquelin 
Aint,  or  Coquelin  Jeune  or  Mounet-Sully  at  the  Frangais  for  tips 
and  points  and  what  not,  for  his  own  particular  use  at  the  proper 
time — French  Dramatic  Art  being  as  much  at  the  top  of  all  Dramatic 
Art  to-day,  as  French  Painting  and  Sculpture  and  Architecture  are  at 
the  topmost  pinnacle  of  their  respective  branches  of  Art  to-day. 

Therefore  "Who's  Looney  Now?"  would  mount  the  stage  with  a  far 
from  unsophisticated  attitude  towards  the  stage.  Now  what  would 
"Who's  Looney  Now?"  be  required  to  do  in  his  initial  step — the  step 
that  breaks  the  ice — Ic  premier  pas  qui  coute  step —  upon  mounting 
the  stage  in  "Robbery  Under  Law?"  Why  nothing  more  difficult  than 
copy  the  role  he  had  CREATED  IN  REAL  LIFE—ON  THE  STAGE 
OF  THE  WORLD— when  he  FOUGHT  GILLARD  IN  THE  DINING- 
ROOM  AT  "MERRY  MILLS"  THAT  MARCH  AFTERNOON  SIX 
YEARS  AGO;  or  when  he  HELD  UP  THE  DOCTORS  IN  HIS  SUITE 
AT  THE  HOTEL  KENSINGTON  THREE  TIMES  AS  MANY  YEARS 
AGO:  or  later  when  he  FOUGHT  HIS  STRAPPING  IRISH  KEEPER 
IN  HIS  CELL  AT  "BLOOM INGDALE"  UNTIL  THE  LATTER  BEL 
LOWED  "HELP"  AT  THE  TOP  OF  HIS  POWERFUL  LUNGS  SEVEN 
TEEN  YEARS  AGO:  or,  lastly,  WHEN  HE  ESCAPED.  The  above 
"Bloomingdale"  dates  are  reckoned  from  March  13,  1915.  It  should 
not  be  very  difficult  for  a  man  to  copy  himself. 


183 

If  "Robbery  Under  Law"  is  a  success  "Who's  Looney  Now?"  will 
then  venture  on  the  role  of  "Catiline"  in  "The  Hazard  Of  The  Die." 

Now  what  is  the  necessity  forcing  a  millionaire  like  "Who's 
Looney  Now?"  onto  the  stage?  Why  just  this.  The  effort  upon  the 
part  of  the  consolidated  American  press  to  smother  "Four  Years  Behind 
The  Bars"  as  aforesaid. 

"Who's  Looney  Now?"  is  not  the  kind  of  man  to  permit  a  plan 
he  had  devoted  his  entire  time  to  furthering,  fostering  and  pushing 
for  eighteen  years  to  be  smothered  by  the  Press,  or  by  any  other  aggre 
gation  of  capital  whatsoever.  Since  the  Press  are — for  motives  best 
known  to  themselves — enthusiastically  taking  part  in  the  thieves'  game 
of  depriving  "Who's  Looney  Now?"  of  his  million  and  a  half  on  the 
perjured  charge  of  insanity,  why  so  much  the  worse  for  the  American 
press — that's  all. 

"Who's  Looney  Now?"  thanks  the  American  Press  for  the  excuse — 
for  which  he  has  waited  all  his  life — to  go  on  the  stage.  It  may  not 
at  first  appear  what  going  on  the  stage  has  to  do  with  smothering 
"Who's  Looney  Now's?"  more  or  less  laudable  efforts  at  reforming  the 
damnable  Hell-begotten  Lunacy  Laws  now  disgracing  New  York,  New 
Jersey,  Pennsylvania,  all  New  England  and  altogether  forty  per  cent. 
of  the  States  of  the  United  States.  It  has  just  this  to  do  with  it. 
"Who's  Looney  Now?"  is  in  his  third  year — well  on  in  his  third  year — 
as  a  successful  public  lecturer  on  that  very  subject  Lunacy  Law  Re 
form  at  the  "Rex"  Moving  Picture  Theatre,  7th  and  Broad  Streets, 
Richmond,  Virginia.  He  lectured  there  twice  a  month  from  the  first 
week  in  September,  1912,  until  January  or  later  in  1914,  when  he  cut 
his  appearance  down  to  the  last  Sunday  night  in  each  month  in  place 
of  two  Sunday  nights  in  the  month.  He  has  had  so  little  difficulty  in 
attracting  audiences  to  the  "Rex,"  that  after  the  first  few  months,  'way 
back  in  1912,  he  ceased  to  advertise  his  appearance;  and  since  then 
has  not  had  to  pay  out  so  much  as  one  dollar  for  advertising  purposes. 
Incidentally  all  this  time  "Who's  Looney  Now?"  was  training  and 
cultivating  his  voice  for  the  stage.  For  this  purpose  no  better  spot 
on  earth  than  this  same  "Rex"  Theatre  could  have  been  chosen — for 
strengthening  the  voice  and  enabling  it  to  shout  at  top  pitch  for  an 
hour  or  more  above  a  competitive  and  persistent  roar.  For  along 
Seventh  Street  runs  a  trolley  line — within  some  twelve  or  fifteen  feet 
or  so  of  the  stage.  The  sides  of  the  "Rex"  are  open  at  the  top  for 
ventilation.  Hence  "Who's  Looney  Now's?"  voice  has  to  compete  with 
and  dominate  the  crash  and  roar  of  a  trolley  car:  to  which  is  to  be 
added  the  brazen  clang  of  its  bell.  An  hour  and  a  quarter  of  this 
sort  of  thing  once  a  month  for  two  years  and  ai  half  has  given  "Who's 
Looney  Now?"  a  pair  of  lungs  ready  and  willing  to  compete  with  the 
bellowings  of  the  bull  of  Bashan  itself!  Therefore  the  intelligent 
reader  will  gather  that  there  has  been  a  method  lurking  in  the  back 
ground  of  "Who's  Looney  Now's?"  three  years'  shouting  at  the  "Rex" 
to-wit:  Voice  and  Lung  Culture. 


184 

Having  accounted  for  the  hair  on  the  outside,  we  shall  now  lift 
the  veil  from  the  milk  in  the  cocoanut  and  show  what  going  on  the 
stage  has  to  do  with  Lunacy  Law  reform. 

THUS,  The  lectures  at  the  "Rex"  are  free  lectures.  "Who's  Looney 
Now?"  purposes  to  address  the  audiences  after  the  fall  of  the  curtain 
in  "Robbery  Under  Law,"  for  ten  minutes  precisely:  and  put  before 
them — in  each  city  he  plays  in — all  through  the  United  States — the 
black  and  foul  stigma  now  staining  the  fair  name  of  Law,  Justice,  and 
Liberty  in  these  United  States  in  the  name  of  Lunacy  Law. 

Furthermore.  Each  Sunday  afternoon  "Who's  Looney  Now?"  will 
hire  the  largest  hall  each  city  contains,  and  for  two  hours  hold  for*h 
on  the  interesting  topic  of  criminal  lunacy  legislation  now  masquerad 
ing  under  the  name  of  law-  in  40  per  cent,  of  the  States  of  the  Union. 

These  lectures  will  be  of  course  free,  and  will  be  advertised  a  day 
or  so  before  in  the  local  papers,  or  on  bill  boards  and  hoardings,  as  the 
case  may  be. 

"Who's  Looney  Now?"  opines  that  he  will  draw  a  crowd.  There 
fore  in  time — how  long,  it  will  take  to  arouse  the  American  people 
from  their  disgraceful — their  criminal — lethargy  in  this  matter — God 
only  knows:  but  "Who's  Looney  Now?"  is  quite  confident  that  before 
he  gets  too  old  to  shout  or  mount  a  platform  the  miracle  will  have 
been  enacted;  and  the  American  people  will  have  risen  to  the  situation, 
wiped  off  the  foul  stain  now  upon  their  character  as  a  law  abiding, 
law  respecting,  liberty  loving  people,  and  put  it  into  their  national 
platforms  that  the  foul  farce  now  disgracing  the  Statute  books  of 
about  forty  millions  of  Americans  shall  cease  and  determine,  and  that 
a  set  of  National  Lunacy  Laws  shall  be  enacted  which  shall  place 
Lunacy  Procedure  on  as  secure  and  fair  a  basis  as  say,  Bankruptcy. 


185 


NOTE  TO  FRONTISPIECE. 


THE    NEWS-LEADER,    Richmond,    Virginia. 
More  Daily  Circulation  Than  Any  Paper  Published  in  Virginia. 

October  5,  1911. 
John  Armstrong  Chaloner, 

"The  Merry  Mills," 

Cobham,   Virginia. 

Dear  Sir : — Permit  me  to  make  tardy  recognition  of  the  receipt 
of  your  latest  photographs,  which  were  sent  me  several  days  ago  by 
Homeier  and  Clark.  I  thank  you  for  them. 

Under  separate  cover  I  am  mailing  to  you  a  photograph  of  you 
attired  as  Napoleon,  made  in  this  office  by  our  artist,  Mr.  Criswell. 
I  trust  you  will  pardon  our  taking  the  liberty  of  decapitating;  you,  but 
we  promise  not  to  repeat  the  offense.  For  the  dual  reason  that  you 
may  care  to  have  the  picture,  and  that  we  may  not  have  occasion 
to  use  the  picture  again  in  view  of  the  fact  that  we  have  a  news 
paper  "cut"  of  it,  I  am  presenting  the  likeness  to  you.  With  it  I  am. 
sending  you  a  copy  of  the  News-Leader  to  show  the  connection  in  which 
the  picture  was  used. 

As  I  remember,  you  sent  to  the  Fair  last  year  "The  Sire  of  Dol- 
gorouki" — and  said  you  would  send  the  real  "Dolgorouki"  this  year. 
If  you  intend  doing  this,  I  would  like  to  have  a  picture  of  his  hig,hness. 
Thanking  you  again  for  the  photographs, 
I  am,  yours  very  truly, 

LOUIS    A.    MACMAHON. 
Managing  Editor. 

The  shock  which  the  average  reader  will  sustain  at  finding  that 
a  newspaper  editor  and  not  "Who's  Looney  Now?"  is  responsible  for 
the  above  "real  bargain  furore"  photograph — to  borrow  the  language 
with  which  the  writers  for  ladies  fashion  journals  urge  on  their  fair 
readers  to  the  fray — incite  them  to  fresh  efforts  at  buying — the  shock 
which  the  above  "real  bargain  furore"  photo  will  hand  out  to  the  aver 
age  reader  as  aforesaid,  will  be  mitigated  by  knowing  that  the  cause 
of  the  whole  trouble  into  which  "Who's  Looney  Now?"  was  precipitated 
like  a  projectile  from  a  thirteen-inch  gun,  March  13th,  1897 — and 
fetched  up  standing  in  the  cells  of  "Bloomingdale" — without  ever  see 
ing  a  judge  or  hearing  that  there  was  any  question  concerning  his 
sanity  upon  the  cards — the  cause  of  said  whole  trouble  is  positively 
and  absolutely  expressed  in  the  following  brief  statement,  made  casu 
ally  to  one  or  two  close  friends,  namely:  that  it  occurred  to  him  that 
Tie  looked  like  Napoleon  Bonaparte. 


186 

"Who's  Looney  Now?"  is  positively  and  literally  accused  of  being 
stark  staring  crazy  because  he  happened  to  casually  observe  on  one 
occasion,  possibly  two  occasions,  to  intimate  male  friends  that  he 
thought  he  resembled  Napoleon  Bonaparte  in  appearance. 

Here  follows  the  cold,  hard  judicial  proof  of  the  above  allegation, 
taken  from  the  Commitment  Papers  signed  by  Judge  Henry  A.  Gilder- 
sleeve,  Justice  of  the  New  York  Supreme  Court,  March  10th,  1897,  and 
attached  to  the  Proceedings,  in  the  New  York  Supreme  Court,  before  a 
sheriff's  jury  against  John  Armstrong  Chaloner,  in  May,  1899.  On 
line  243  of  said  Commitment  Papers  are  found  the  following  words 
sworn  to  by  Medical-Examiner-in-Lunacy,  Moses  A.  Starr,  M.  D.,  Pro 
fessor  of  Nervous  Diseases  in  Columbia  University  Medical  School — 
upon  which  words  "Who's  Looney  Now?"  lost  some  $20,000,  in  one 
hundred  dollars  per  week  for  a  two  room  cell  and  an  Irish  keeper  at 
"Bloomingdale"  for  nearly  four  years  besides  seventeen  of  the  best 
and  ripest  years  of  his  earthly  career — "State  what  the  patient  ("Who's 
Looney  Now?")  said,  ,  if  anything,  in  presence  of  the  examiners." 

While  on  line  245  are  found  these  words,  to-wit:  ''That  he  resem 
bles  Napoleon,1"  and  when  the  reader  remembers  that  said  damning 
charge  against  "Who's  Looney  Now's?"  reason  is  introduced  by  the 
following  sinister  words  printed  on  line  242  of  said  Commitment 
Papers,  to-wit:  "Facts  indicating  insanity  personally  observed  by  me," 
(said  Moses  A.  Starr,  M.  D.,  Statutory-Medical-Examiner-In-Lunacy) — 
the  gayety  of  nations  is  increased. 

In  the  opening  speech  of  Hon.  Frederick  A  Ware,  of  counsel  for 
"Who's  Looney  Now?"  at  the  trial  of  his  cause  ctlebre  in  February, 
1912,  Mr.  Ware  observed,  to  the  jury,  to  the  following  effect:  "Gentle 
men  of  the  jury,  my  client  is  accused  by  his  accusers  of  being  insane 
because  he  happens  to  think  he  happens  to  look  like  Napoleon.  Now  we 
shall  show  you  a  photograph  of  John  Armstrong,  Chaloner  which  will 
make  you  gentlemen  think  the  same  way."  Said  "bargain  furore" 
photograph  is  the  one  referred  to  by  Hon.  Frederick  A.  Ware. 

In  presenting  before  the  dazed  gaze  of  the  public  said  "Bargain 
furore,"  we,  therefore,  are  merely  properly  anticipating  the  rehearing 
of  "Who's  Looney  Now's?"  cause  ctlebre. 


"THE  SHAVING  OF 
SHAGPAT" 


Registered.  (Copy.) 

"The  Merry   Mills,"   Cobham,  Va. 

March   19,   1915. 
Joseph  H.   Choate,  Jr.,   Esq., 

Evarts,  Choate  &  Sherman, 

60  Wall  St.,  New  York. 
Dear  Mr.  Choate : 

A  letter  just  received  from  my  New  York  counsel,  Hon,  Frederick 
A.  Ware,  states  that  he  saw  your  Mr.  Kobb6  re  the  "Paris  Prize" 
matter.  Mr.  Ware  writes :  "The  complaint  is  to  ask  for  an  Incorpora 
tion  as  he  says  he  thought  you  proposed  doing  originally.  I  asked 
him  about  appointing  you  as  one  of  the  trustees;  in  that  event,  if 
such  an  appointment  and  incorporation  were  agreeable  to  you.  He 
said  that  he  thought  that  the  present  conditions  would  make  that 
unlikely,  but  thought  that  Mr.  Choate  might  agree  to  your  naming 
a  trustee,  in  your  stead,  all  this  assuming  that  you  did  not  oppose 
the  incorporation." 

Now  I  am  going  to  be  quite  frank.  I  do  oppose  the  incorpora 
tion  and  for  more  than  one  reason.  The  "Paris  Prize"  was  founded 
by  me  from  subscriptions  raised  by  myself  from  prominent  Art  Pa 
trons — to  which  I  myself  subscribed  thirteen  thousand  dollars — in 
1890  and  added  to  later — it  was  distinctly  understood  between  the 
donors  aforesaid  and  myself,  that  there  was  to  be  no  precipitancy  of 
incorporation.  That  the  money  was  to  be  placed  in  a  Trust  Com 
pany  and  there  left  until  such  time  as  it  appeared  advisable  from 
the  experience  gained  by  a  considerable  line  of  Paris  Prize  men  hav 
ing  each  spent  five  (5)  years  in  the  study  of  Painting  first  in  Paris — 
later  where  he  would. 

That  meantime  I  must  have  full  control  of  the  educational  side 
of  the  Prize  and  experiment  as  much  as  was  found  necessary  along 
the  lines  laid  down  in  the  original  scheme  of  the  "Paris  Prize,"  given 
by  me  to  the  New  York  Newspnpers  in  January,  1891,  and  widely 
and  prominently  noticed  by  them — and  invariably  strongly  endorsed. 

The  funds,  as  aforesaid,  were  to  be  always — until  finally  incor 
porated — in  the  hands  of  the  United  States  Trust  Company,  Wall 
Street.  New  York — the  Institution  chosen  by  me  as  the  strongest  and 
most  conservative  for  the  pvirpose  in  New  York.  The  income  was 
to  be  expended  as  I  might  direct  in  consonance  with  the  said  scheme. 
This  was  strictly  carried  out.  I  gathered  the  Jury  of  Artists  to  hold 


188 

the  competitive  examination  which  was  to  be  the  means  of  selecting 
the  Paris  Prize-man  or  Paris  Prize-woman  to  be  sent  abroad.  The 
thing  worked  to  a  charm.  Without  any  more  work  than  the  above 
on  my  part,  the  jury  consisting  of  the  Presidents  of  the  Academy  of 
Design,  Society  of  American  Artists,  American  Water  Colour  Society 
and  Art  Students  League,  as  well  as  artists  selected  by  them  in  addi 
tion — I  am  writing  at  haste  and  entirely  from  memory — as  I  remember 
it — without  any  more  red-tape,  legal  fuss  and  feathers — verbosity  and 
the  like,  the  jury  quickly  went  to  work  and  worked  out  its  own  sal 
vation  in  short  order.  Bryson  Burroughs  was  the  winner  of  the 
Prize,  a  student  at  the  Art  Students  League — as  I  remember  it.  He 
at  once  received  his  first  year's  payment  of  ($900)  nine  hundred 
dollars — the  Prize  is  nine  hundred  dollars  a  year  for  five  (5)  years, 
paid  in  advance,  and  sailed  for  Paris.  He  stayed  there  five  (5) 
years — yearly  sending  back  work  signed  and  examined  by  a  local  jury 
of  prominent  French  Artists,  who  met  at  the  United  States  Embassy 
at  a  lunch  given  them  by  the  American  Ambassador. 

Puvis  de  Chavannes,  Carolus  Duran,  Gerome,  Benjamin  Constant 
and  Dagnan  Bouveret,  formed  the  first  Foreign  Jury.  Mr.  Burroughs 
proved  such  a  successful  painter  that  now,  besides  being  an  active 
painter,  he  occupies  the  important  post  of  Curator  of  Paintings  at  thp 
Metropolitan  Museum  of  Art,  New  York.  So  soon  as  he  returned  a 
new  "Paris  Prize"  examination  was  held  and  Lawton  Parker  was 
chosen.  He  was  a  student  at  the  Wm.  M.  Chase  Art  School  as  I  re 
member  it.  He  remained  five  years  in  Paris,  and  his  work  regularly 
inspected,  as  above  described,  and  sent  home,  was  uniformly  satis 
factory.  At  the  end  of  the  five  (5)  years  instead  of  coming  to  America 
he  remained  in  France.  In  1913  he  startled  the  world  of  painting  by 
receiving  the  Gold  Medal — the  First  and  Highest  Award — at  the  Paris 
Salon,  he  being  not  only  the  first  American — for  not  even  John  Sargent 
has  ever  received  it,  nor  Whistler — but  the  flrst  foreigner — the  first 
non-Frenchman  to  receive  the  Gold  Medal  since  its  creation!  These 
are  the  only  two  products  of  the  "Paris  Prize."  Why  this  is  thus, 
you,  my  dear  sir,  know  better  than  I.  The  money  was  all  there  for 
holding  the  competitive  examinations,  and  yet  not  a  wheel  was  turned — 
nothing  was  done — the  "Paris  Prize"  was  gently  swathed  in  a  wind 
ing  sheet,  and,  like  the  talent  in  the  Bible — buried  in  the  ground  to 
await  the  resurrection  or — my  demise.  However,  that  is  rather  a 
painful  subject,  for  you  gentlemen  ranged  on  the  other  side,  so  we 
shall  not  discuss  it  further. 

However,  that  is  no  reason  for  giving  the  "Paris  Prize"  the  "raw- 
deal"  you  now  propose  In  Incorporating  it  without  the  guiding  hand 
of  her  creator — my  humble  self.  The  absurdity  of  the  acts  of  the 
law  at  times  would  make  a  horse  laugh.  Here  is  the  creator  of  the 
Prise  refused  a  seat  on  the  Board  of  Trustees,  simply  because  he  has 
not  yet  had  the  opportunity  to  present  his  case  in  court  before  a  court 
that  will  recognize  the  rulings  of  the  Supreme  Court  of  the  United 
States  in  Windsor  vs.  McVeigh,  93  U.  S. — which  says  "notice"  and 


189 

"opportunity" — to  appear  and  be  heard — are  necessary  in  order  that 
the  court  of  first  instance  get  jurisdiction.  However,  I  have  no  idea 
of  entering  on  a  legal  argument  with  you  on  paper.  I  look  forward 
with  considerable  gusto  to  doing  that  in  my  approaching  brief  on 
appeal  to  the  United  States  Supreme  Court  in  Chal.  agst.  Sher.;  on 
which  I  am  now  at  work.  To  resume.  The  "Paris  Prize"  has  only 
sent  two  (2)  Prize-men  abroad — that  is  not  a  very  long  list  of  ex 
perimental  students,  is  it? 

To  a  lawyer  or  as  a  business  man  it  should  be  unnecessary  to  dilate 
upon  the  risk  of  incorporating  an  Educational  Scheme  as  new  and 
untried  as  the  Paris  Prize,  until  it  had  been  tried  out.  So  long  as 
the  Financial  End  was  in  safe-keeping,  everything  was  serene.  Noth 
ing  could  'be  surer  than  the  United  States  Trust  Company.  The  fifty 
thousand  dollars  stands  in  the  name  of  the  "Paris  Prize  Fund,"  by 
John  Armstrong  Chaloner,  or  some  such  caption,  on  the  books  of  the 
United  States  Trust  Company.  No  power  on  earth  could  get  a  dollar 
of  that  fund  more  than  the  income — without  a  court  order — and  no 
one  teas  permitted  to  touch  the  income  but  myself,  wJio  receipted  to 
the  said  Trust  Company  for  each  annual  payment — or  semi-annual — 
at  this  distance  I  don't  care  to  say  positively  what  the  frequency  of 
payment  was,  more  than  that  it  was  in  advances  not  more  than  one 
year  or  less  than  one-half  year — in  advances  to  the  Prize-man.  I  then 
sent  by  draft  the  money  to  the  "Paris  Prize-man"  in  Paris,  and  turned 
the  vouchers — among  which  was  his  receipt — over  to  the  U.  S.  T.  Co. — 
where  they  are — or  should  be — to  this  day.  What  in  the  name  of 
the  Devil  and  all  his  angels,  my  dear  Sir,  is  the  use  of  all  this  red 
tape  about  incorporating  the  Fund  while  you  "Stewards" — to  continue 
the  parable — are  so  remiss  in  your  duty  that  you  refuse  to  take  my 
lead,  refuse  to  follow  the  established  honoured  precedents  of  ten  years 
successful  Art  Education  in  Paris,  as  proved  by  the  "brilliant  careers 
of  the  only  two  Prize-men  you  "Stewards"  permitted,  thro'  your  supine- 
ness,  and  lack  of  regard  for  public  education  in  Art  and  indifference 
to  philanthropic  ends — your  minds  and  eyes,  being  so  glued  onto  the 
dollars  and  their  sordid  shape,  that  the  object  for  which  the  Fifty 
Thousand  Dollars  then  years  and  years  ago — making  up  the  Paris  Prize 
Fund — now  nearer  Seventy-five  Thousand  dollars — were  raised,  was 
quite  forgotten!  Why  didn't  you  get  a  move  on  your  distinguished 
selves  and  follow  my  lead  in  the  case  of  Paris  Prizemen  Bryson  Bur 
roughs  and  Lawton  Parker?  There's  a  question  for  the  jury  indeed! 
Therefore  I  do  not  propose  to  have  all  this  undue  haste — mind  you  the 
Prize  has  sent  only  2  students  to  Paris — thanks  to  you  gentlemens' 
sloth  and  indifference,  aforesaid — in  incorporating  when  nothing  calls 
for  the  red  tape  and  rigidity  incorporation  means  at  this  stage  of  the 
game,  whereas  the  Educational  side  is  left  naked  and  bare.  The  Edu 
cational  side — bear  in  mind  is  self-acting — or  was  when  I  was  at  the 
wheel  in  1896  aforesaid. 

The  Educational  Institutions  in  Art  forming  the  Home  jury  are 
still  in  existence — or  their  successors — and  could  come  together  as 


190 

readily  as  they  did  to  elect  Bryson  Burroughs  and  Lawton  Parker. 
Bend  your  bounding  energies  to  sending  a  needy  but  gifted  American 
Art  Student  to  Paris,  my  dear  sir,  rather  than  in  attempts  at  hide- 
binding  a  thing  as  free  as  Art,  and  at  the  same  time  as  safe  as  the 
United  States  Trust  Company — with  premature  incorporation.  Lastly : 
Things  are  rather  upset  on  the  continent  just  at  present.  And  from 
my  way  of  looking  at  it  they  will  continue  so,  for  at  least  two  (2) 
years.  Therefore  at  that  time — when  Chaloner  agst.  Sherman  reaches 
the  United  States  Supreme  Court  on  Appeal — at  that  very  time — will 
the  Allies  enter  Berlin — so  mote  it  be — there  or  thereabouts.  There 
after  all  will  be  serene  on  both  sides  of  the  Atlantic.  You  and  your 
friend  Mr.  Sherman,  will  be  invited  by  the  Federal  Court  to  step 
down  and  out,  and  take  your  long  noses  out  of  my  affairs,  and  your 
long  fingers  out  of  my  well-lined  coffers.  Thereupon  a  new  examina 
tion  for  a  Paris  Prizeman  can  be  held  by  the  aforesaid  Art  Presidents, 
and  a  Paris  Prizeman  will  sail  into  a  French  port,  as  I  sail  into  your 
and  Sherman's  conduct  of  my  affairs.  In  a  word,  now  is  about  the 
worst  possible  time  ever — since  the  French  Revolution  at  least — to 
rehabilitate  the  "Paris  Prize"  in  Paris,  after  the  "black-eye"  your  mis 
conduct — aforesaid — wilfully  administered  to  this  great  and  unique 
scholarship — the  only  self -supporting  Art  Scholarship  for  Painting  in 
the  metropolis  of  the  United  States!  So  what's  the  matter,  my  dear 
sir,  with  letting  sleeping  dog;s  lie?  You  put  the  "Paris  Prize"  to  sleep, 
by  your  acts  aforesaid — why  not  let  her  sleep  on?  You  put  her  to. 
sleep  for  nine  (9)  calendar  years  (9)  !  Is  there  anything  in  law  or 
equity  against  letting  her  sleep  on  for  a  short  tioo  more — until  my 
resurrection  from  the  dead — you  know  you  gentlemen  rendered  me 
"civilly  dead" — and  although  /  personally  rose  from  my  legal  resting 
place,  my  property  lingers  in  the  tomb — my  legal  grave — Novembei 
6th,  1901,  when  the  county  court  of  Albemarle  County,  Va., — this 
County — pronounced  me  sane  and  competent ;  in  place  of  what  your 
criminal  proceedings  in  the  New  York  Courts  procured  by  and  based* 
upon,  kidnapping,  conspiracy  and  perjury — basely  libelled  me  with. 

So,  my  good  sir,  pray  let  well  enough  alone.  Show  a  little  de 
cency — whether  you  happen  to  have  any  or  not — pretend  to,  for  once, 
and  let  well  enough  alone.  Don't  make  a  fool  of  yourself  and  ask  the 
court  what  to  do  with  the  piffling  little  remnant  of  income  in  the  second 
rate  Trust  Company,  put  there  by  the  late  Charles  F.  McKim — the 
partner  of  my  good  friend  and  stool-pigeon  the  late  lamented  Mr. 
Stanford  White — don't  do  that — pray  the  court  to  order  the  said  pica 
yune  sum  to  be  turned  over  to  the  "Paris  Prize  Fund"  nmc  in  hand* 
of  the  United  States  Trust  Company — where  it  belongs. 

I  shall  oppose  in  the  courts  any  other  action  than  this,  and  fight 
you  through  every  court  in  New  York,  and  then  begin  in  the  Federal 
Court,  and  fight  you  clean  up  to  the  Supreme  Court  of  the  United 
States.  "Let  us  have  peace." 

Sincerely    yours, 

JOHN  ARMSTRONG  CHALONER. 


191 

P.  S. — A  word  regarding  the  "Paris  Prize  Fund."  The  other 
subscribers  are  a  bagatelle  alongside  my  subscription.  Thus:  I  really 
subscribed  thirteen  thousand  plus  twenty-five  thousand — Thus.  My  late 
cousin,  Henry  Astor  Carey,  was  dining  with  me  one  night  at  the 
Somerset  Club  in  Boston.  An  idea  occurred  to  me.  I  said  to  him : 
"Harry,  you  have  been  very  generous  to  the  "Paris  Prize,"  you  have 
given  more  to  it  than  any  Art  Patron  I  ever  approached — twice  as 
much  in  fact.  Now,  do  one  thing  more.  You're  a  millionaire  and  a 
bachelor.  We  are  both  of  us  in  the  prime  of  life  and  healthy,  and 
you  are  younger  than  I.  Now  which  ever  one  of  us  dies  first  leaves 
twenty-five  thousand  dollars  to  the  "Paris  Prize  Fund" — of  course 
as  it's  not  yet  incorporated  you  must, — to  be  legal — leave  it  to  me — 
"with  the  wish  and  hope  that  I  pay  it  over  to  the  'Paris  Prize  Fund' 
as  soon  as  incorporated.  I'll  do  the  same."  "Done  with  you,"  said 
my  generous  cousin.  The  lawyer  he  had  was  one  of  your  gang,  Henry 
Lewis  Morris,  familiarly  known  to  the  New  York  bar  as  "Hungry 
Hank." 

Carey  went  to  him  and  said  he  wanted  to  change  his  will.  "Hungry 
Hanlc"  staved  it  off  until  Carey  died  about  May,  1893,  and  the  money 
was  never  left,  because  the  new  will  was  never  made,  thanks  to 
"Hungry  Hank's"  aforesaid  unlawyerlike,  to  call  it  by  no  harsher  term, 
proceeding — I  told  his  brother  the  facts  and  he  generously — he  could 
well  afford  it,  as  he  was  a  millionaire  anyway,  and  Henry  Astor 
Carey's  death  doubled  his  million  at  the  very  least — and  he  gener 
ously  made  good,  and  paid  me  personally  twenty-five  thousand  dol 
lars  in  gilt  edged  bonds.  So  my  foresight — in  thus  discounting  death — 
gambling  on  it,  so  to  speak — enables  me  to  say  that,  in  effect  my  real 
subscription  to  the  Paris  Prize,  the  amount  standing  opposite  my 
name — Henry  Astor  Carey's  name  is  there  also — is  my  original  dona 
tion  of  thirteen  thousand  dollars,  and  said  twenty-five  thousand  dol 
lars,  making  thirty-eight  thousand  dollars.  I  differentiate  thus  be 
tween  the  five  thousand  Henry  Astor  Carey  subscribed  himself,  per 
sonally,  to  the  Fund,  at  its  incipiency.  That  stands  opposite  his  name 
as  his  subscription  pure  and  simple.  But  tnis  twenty-five  thousand 
was  not  given  by  him,  it  was  given  by  his  brother,  out  of  money  left 
by  him,  in  accordance  with  an  agreement  made  by  me  with  him,  prior 
to  his  death.  So  you  see  all  this  talk  about  "the  wishes  of  the  other 
subscribers  to  the  Fund"  t  regarding  the  present  conduct  of  the  Fund 
is  very  like  piffle  and  poppycock,  and  about  the  weight  of  thistledown, 
or  as  the  very  modest  subscription  of  the  multi-millionaires  in  the 
game  are  to  Henry  Astor  Carey's  subscription  of  five  thousand  dol 
lars,  and  the  thirty-eight  thousand  dollar  subscription  of  myself  backed 
by  his  ghost — so  to  speak.  Here  are  all  the  subscriptions1  and  amounts 
in  the  order  as  given — all  made  between  November  and  Xmas,  1890. 


tChoate   had  in  a  previous  letter,  in  the  matter,  lugged   in  that 
phrase  by  the  ears. — J.  A.  C. 


192 

The  late  Laura  Astor  Delano $  1,000  00 

Mrs.  John  J.  Chapman 1,000  00 

William  Waldorf  Astor 1,500  00 

Henry  Astor  Carey   (deceased) 5,000  00 

The  late  William  Astor 2,500  00 

The  late  Cornelius  Vanderbilt—  2,500  00 


$  13,500  00 

There  were  six  subscribing  Art  Patrons  besides  myself.  More 
than  half  of  them  are  dead.  They  gave  $13,500,  and  I  and  the  ghost 
gave  $38,500. 

This  list  is  made  entirely  from  memory  and  without  notes — but  it 
is  certainly  all  that  was  subscribed  by  other  Art  patrons.  I  may 
have  subscribed  five  hundred  dollars,  more  or  less,  than  thirteen  thou 
sand,  or  possibly  rather  more  than  that,  but  the  essential  thing  is  that 
the  above  are  all  the  other  subscribers  and  subscriptions,  besides  my 
self,  and  Carey's  Ghost — who,  together — the  ghost  and  I — subscribed 
$38,000,  or  $38,500. 

JOHN  ARMSTRONG  CHALONER. 


N.   Y.   Herald,  January  26th,   1891. 

"FOB  THE  BENEFIT  OF  AMERICAN  ART." 


A  Notable  Foreign  Scholarship  Scheme  Practically  Established. 


Mr.  Chaloner's  Project. 


.    The  Brooklyn  Art  Club  Display  and  Various  Shows  By  Painters. 

An  excellent  scheme  for  the  benefit  of  American  Art  has  been* 
elaborated  and  made  actual  by  that  energetic  gentleman  Mr.  John 
Armstrong  Chaloner,  a  great-grandson  of  William  B.  Astor,  and  a 
grandson  of  Mr.  Sam  Ward,  who  married  Miss  Amelie  Rives,  a  lady 
who  to  her  reputation  as  a  writer,  has  added  in  considerable  degree 
that  of  an  Artist. 

Mr.  Chaloner,  who  returned  from  Europe  at  the  end  of  November, 
has  raised  in  this  city,  being  himself  a  substantial  contributor,  the 
sum  of  $25,000  for  the  purpose  of  sending  abroad  for  five  years  study 
to  return  and  teach  at  the  close,  an  American  Art  student,  who  will 
be  allowed  $900  yearly.  The  amount  of  the  fund  is  to  be  paid  at 
the  end  of  the  first  week  in  August,  and  the  examination  will  be 
held  in  the  first  week  of  next  June.  The  fund  under  trustees  will 


193 

be  incorporated  under  the  laws  of  the  State,  and  the  candidate  is  to 
leave  for  Paris  the  first  week  in  September. 

Mr.  Ohaloner  has  not  alone  raised  all  the  money  before  he  has 
made  his  project  public,  but  has  enlisted  in  its  favor,  with  accept 
ances  to  serve  on  the  Jury  such  men  as  Daniel  Huntington,  President 
of  the  National  Academy,  Henry  G.  Marquand,  President  of  the  Metro 
politan  Museum  of  Art,  William  M.  Chase,  President  of  the  Society 
or  American  Artists,  J.  G.  Brown,  President  of  the  American  Water 
Color  Society,  and  E.  D.  French,  President  of  the  Art  Students  League. 

Mr.  Chaloner  having  made  his  scheme  possible  in  New  York  has 
since  made  tentatory  efforts  to  the  establishment  of  similar  funds  in 
Chicago,  Boston  and  Richmond,  and  has  laid  his  project  informally 
from  a  National  standpoint,  before  Secretary  of  State  Blaine,  who 
has  unofficially  given  it  his  sanction. 

The  idea  is  to  send  abroad  a  male  or  female  student,  who  is 
to  study  in  any  centre  of  Art  selected  by  the  jury,  and  study  painting 
pure  and  simple,  and  decorating.  It  is  thought  that  such  a  student 
should  study  abroad  for  five  years,  and  it  is  calculated  that  the  sum 
already  mentioned  would  amply  suffice  for  his  needs. 

Mr.  Chaloner  naturally  thinks  that  people  will  wonder  why  he 
should  start  such  a  scheme,  and  as  many  people  have  asked  him  Ms 
object,  announces  that  he  has  become  interested  in  the  matter,  as  he 
has  for  four  years,  guaranteed  $1,000  a  year  to  a  young  American 
Artist  abroad,  and  is  to  continue  that  agreement  for  six  more  years. 
He  says  that  the  improvement  of  this  artist  when  freed  so  largely 
from  financial  cares,  has  been  marked. 

The  fund  is  to  be  controlled  by  a  Society  consisting  of  or  ap 
pointed  by  the  donors,  and  the  candidate  is  to  be  chosen  by  Com 
petitive  Examination,  in  drawing,  painting  and  composition,  the  jury 
being  chosen  from  the  Art  Association  or  associations  of  the  city  or 
cities  in  which  the  fund  or  funds  is  or  are  raised. 

The  fund  is  to  have  two  branches,  the  financial  and  the  artistic, 
each  distinct.  The  latter  branch  in  this  city  is  to  consist  of  the 
Presidents  of  the  Academy  of  Design,  Society  of  American  Artists, 
American  Water  Color  Society,  Metropolitan  Museum  of  Art  and  Art 
Students  League,  and  two  Artists  chosen  by  the  Society  of  American 
Artists,  the  Academy  of  Design,  Art  Students  League  and  the  American 
Water  Color  Society,  making  a  jury  of  thirteen. 

Candidates  must  be  twenty-one  and  residents  or  coming  from  the 
State  in  which  the  fund  is  raised,  the  latter  clause  covering  stu 
dents  already  abroad.  No  one  who  has  received  a  medal  or  mention 
abroad  will  be  eligible.  Should  the  winner  be  financially  able  he  or 
she  will  receive  the  artistically  valuable  honor  of  being  chosen,  and 
the  money  will  go  to  the  holder  of  the  second  place. 

Every  three  months  drawings,  oils,  decorations  or  compositions 
signed  by  the  Master  are  to  be  sent  to  the  jury,  and  if  the  work 
is  not  up  to  standard  the  jury  may  order  an  examination  for  a  new 
candidate  at  the  end  of  the  first  year.  Prolonged  ill-health  will  re- 


194 

suit  also  in  a  new  examination.  The  successful  candidates  are  to 
sign  agreements  to  return  and  teach  classes,  to  be  selected  by  the 
jury,  gratis  for  two  years.  If  no  suitable  candidate  is  chosen  in  any 
one  year  the  fund  will  be  allowed  to  accumulate  until  a  worthy  can 
didate  is  discovered. 

The  financial  body  of  the  fund  is  to  consist  of  a  Society  of  or 
appointed  by  the  donors  and  incorporated,  the  fund  to  be  turned  over 
to  a  Trust  Company. 

It  is  hoped  that  in  time  the  cities  will  increase  the  funds  to 
$60,000  thus  enabling  the  sending  of  a  student  every  year. 

It  is  suggested  to  have  a  National  jury,  which  is  to  be  composed 
of  deputies  from  the  Artistic  branches  to  meet  at  least  at  the  be 
ginning,  middle  and  end  of  five  years.  This  Assembly  is  to  have  no 
control  over  the  local  institutions,  but  is  to  have  as  an  object  the 
holding  of  a  National  Salon,  candidates  being  Jiors  concours,  and  award 
prizes  to  them  and  others,  foreign  or  American. 

Another  suggestion  is  for  an  European  Council,  appointed  by  the 
National  Assembly,  to  yearly  report  progress  of  students  to  the  Na 
tional  Assembly  or  to  the  local  institutions.  Examinations  might,  if 
need  be,  be  held  abroad  by  the  European  Council. 


The  New  York  World,  January  26,  1891. 

AN  ART  STUDENTS  FUND. 


To  Grive  Foreign  Training  to  Those  Who  Deserve  It. 


John  Armstrong  Chaloner's  Scheme  to  Aid  All  Worthy  Aspirants. 

It  is  estimated  that  $900  a  year  will  be  needed  for  each  student 
and  that  a  thorough  course  will  cover  five  years — twenty-five  thou 
sand  dollars  already  subscribed  for  New  York. 

Following  the  agitation  regarding  an  American  Salon  for  which 
plans  are  to  be  formulated  at  a  meeting  next  Tuesday  evening  comes 
another  plan  of  equal  interest  and  importance  to  American  Art,  the 
idea  of  which  originated  with  Mr.  John  Armstrong  Chaloner,  the 
grandson  of  the  late  "Sam"  Ward,  who  married  Miss  Amelie  Rives, 
the  Virginia  authoress.  Mr.  Chaloner,  who,  through  his  mother,  for 
merly  Miss  Ward, — is  a  great-grandson  of  the  late  William  B.  Astor, 
is  a  young  man  of  education  and  property.  While  a  student  in  the 
Latin  quarter  in  Paris  in  1887,  he  became  interested  in  a  young  fellow 
American,  an  art  student  who  was  endeavoring  to  secure  a  professional 
education  in  the  gay  capital  with  insufficient  means.  He  decided  to  aid 
the  young  man  and  this  led  to  his  taking  a  deep  interest  in  the  sub 
ject  of  American  Art  students  in  Paris. 

After   much    study    of   the   matter    and    direct   knowledge    of    the 


195 

privations  to  which  inaiiy  promising  American  Art  students  were  sub 
jected  in  their  efforts  to  secure  needed  art  education,  Mr.  Chaloner 
determined  to  organize  a  scheme  by  which  sufficient  and  proper  finan 
cial  aid  should  be  given  to  all  deserving  American  students  who  might 
wish  to  go  to  Paris  hereafter  to  pursue  their  studies. 

He  estimated  from  his  experience  in  the  case  of  the  student  he 
had  aided  that  $900  a  year  would  be  needed  to  properly  educate  and 
provide  for  the  needs  of  each  student  and  so  last  November  he  re 
turned  to  America  and  after  much  thought  and  study,  he  devised 
a  plan  which  he  proceeded  to  lay  before  a  number  of  Art  patrons 
and  connoisseurs,  about  twenty  in  all  in  this  city. 

This  met  with  the  approval  and  endorsement  of  these  persons 
and  has  resulted  in  the  subscription  of  $25,000,  which  is  a  good  nucleus 
for  a  larger  fund  to  be  raised  in  this  and  other  cities.  The  names 
of  the  individual  donors  to  this  fund  will  be  given  when  the  money 
is  paid  in  the  first  week  of  August  next.  Among  them  are  men 
and  women  prominent  in  the  art,  social,  business  and  literary  worlds 
of  the  metropolis. 

Mr.  Chaloner  has  in  furtherance  of  his  scheme  visited  Washington, 
where  he  called  on  Secretary  Elaine  and  secured  his  unofficial  endorse 
ment  as  a  matter  of  National  importance,  and  Chicago,  where  he  has 
interested  several  leading  men  in  his  plans.  The  matter  has  also 
been  laid  before  prominent  gentlemen  and  ladies  of  Boston  and  Rich 
mond,  Va.,  with  encouraging  results. 

Briefly  outlined,  Mr.  Chaloner's  plan  is  to  raise  a  sufficient  sum 
of  money  to  guarantee  a  five  years  course  of  study  abroad  to  any  Art 
student  from  any  city.  Forty-five  hundred  dollars,  or  $900  a  year  is 
considered  sufficient  for  this  purpose  in  each  case.  The  fund  sub 
scribed  for  this  purpose  is  to  be  held  by  a  Society  consisting  of,  or 
appointed  by  the  donors.  The  candidates  are  to  be  chosen  by  com 
petitive  examination  in  drawing,  painting  and  composition  under  the 
auspices  of  a  jury  chosen  from  the  existing  Academy  or  Academies 
or  Institutes  of  Art  in  each  city.  The  fund  in  each  city  is  entirely 
distinct  and  separate  from  the  similar  fund  in  other  cities  and  its 
control  is  purely  local. 

The  $25,000  subscribed  in  New  York  will  be  payable  early  in 
August  next,  and  the  examination  of  candidates  will  take  place  here 
early  next  June.  The  candidate  who  passes  the  examination  will 
leave  for  Paris  early  in  September  next. 

The  New  York  Fund  will  be  placed  under  the  management  of  an 
organization  to  be  incorporated  under  the  title  of  the  "Institution 
of  Art  of  New  York,"  which  is  to  be  composed  of  two  branches,  the 
artistic  and  the  financial.  The  jury  is  to  number  thirteen,  and  will1 
be  composed  of  the  Presidents  of  the  Academy  of  Design,  Society 
of  American  Artists,  American  Water  Color  Society,  Metropolitan  Mu 
seum  and  Art  Students  League,  and  two  artists  to  be  selected  re 
spectively  from  the  Society  of  American  Artists,  Academy  of  Design, 
Art  Students  League,  and  American  Water  Color  Society.  This  jury. 


196 

will  pass  on  all  candidates,  decide  to  which  foreign  city  the  candi 
date  is  to  be  sent,  and  transact  all  Art  business.  The  competition  is 
to  be  open  to  women  as  well  as  men.  The  candidates  must  be  twenty- 
one  years  old,  and  must  reside  in  or  come  from  the  State  in  which 
any  Institution  of  Art,  which  will  be  modelled  upon  that  of  New  York 
is  situated.  No  person  who  has  received  a  medal  or  honorable  men 
tion  in  any  foreign  Art  exhibition  will  be  eligible,  and  if  any  winning 
candidate  has  sufficient  means  to  be  independent  of  the  fund,  he  or 
she  will  not  receive  any  money,  but  will  receive  the  title  of  "Winner 
of  the  Paris  Prize,"  or  whatever  title  is  selected  while  the  person 
holding  second  place  in  the  competition  will  receive  the  $900  per  an 
num  and  his  or  her  name  will  be  bracketed  with,  but  below  that  of 
the  winner  of  the  prize.  Both  the  winner  and  the  second  candidate 
in  this  case  are  to  return  home  and  teach  at  the  expiration  of  their 
joint  term. 

Before  receiving  any  money  the  successful  candidate  must  agree 
to  send  home  every  three  months,  drawings,  and  when  sufficiently 
advanced,  oil  studies,  decorations  or  compositions  signed  by  the  Master 
under  whom  he  or  she  has  worked  to  be  passed  upon  by  the  jury  of 
the  Institution  from  which  he  or  she  has  come.  If  the  work  fall 
below  the  standard  required  by  the  jury  and  the  jury  after  warning 
the  candidate  and  assuring  themselves  that  it  is  not  a  temporary 
fluctuation  in  the  work  will  notify  the  student  that  at  the  end  of  the 
year  a  new  examination  will  be  held  and  a  new  candidate  chosen. 
This  same  rule  will  apply  in  case  of  ill-health. 

Second — The  candidates  will  be  required  to  sign  a  contract  that  he 
or  she,  will,  at  the  expiration  of  five  years,  return  to  his  or  her  home 
city  and  teach  a  class  selected  by  the  home  jury,  for  a  term  of  two 
years,  gratis.  If  no  candidate  is  found  worthy  any  year,  none  will 
be  sent  abroad,  and  the  fund  will  be  allowed  to  accumulate  until  a 
worthy  candidate  is  discovered. 

The  financial  branch  of  each  Institution  of  Art  will  be  composed 
of  the  donors  of  the  fund,  and  persons  appointed  by  them,  and  will 
transact  all  financial  business.  The  fund  will  be  invested  by  this 
fcranch  and  deposited  with  a  Trust  Company.  Sixty  thousand  dollars 
has  been  placed  as  the  sum  which  should  be  raised  by  each  Institution 
of  Art,  which  at  5  per  cent,  will  enable  each  to  send  a  candidate 
abroad  every  year.  Mr.  Chaloner  also  suggests  a  National  Assembly,  to 
be  composed  of  deputies  elected  by  the  first  branches  of  each  Institution 
of  Art,  to  meet  at  different  cities  in  turn  at  the  beginning,  middle 
and  end  of  each  term  of  five  years  at  least.  This  Assembly  will  hold 
National  Exhibitions,  in  which  the  work  of  successful  candidates  will 
be  hors  concours  and  award  prizes  to  both  native  and  foreign  artists. 
whose  work  is  up  to  the  required  standard  of  admission.  A  European 
Council  is  also  suggested  to  be  appointed  by  the  National  Assembly 
and  to  report  progress  to  the  latter  from  year  to  year,  or  directly 
to  different  Institutions  of  Art. 


197 

Editorial. 
New  York  Daily  Tribune,  January  29th,  1891. 

"Mr.  John  Armstrong  Chaloner  is  meeting  with  success  in  promot 
ing  his  plan  to  advance  the  interests  of  Art,  by  providing  funds  for 
the  education  of  Art  students.  The  plan  is  a  practical  one,  and  has 
received  approval  from  high  authorities. 

Mr.  Chaloner  has  interested  many  people  here  in  his  praiseworthy 
undertaking,  and  will  shortly  visit  Boston,  Chicago  and  other  cities, 
in  order  to  arouse  their  public-spirited  citizens  to  the  importance  of 
the  work  which  he  has  at  heart. 


New  York  Tribune. 

New  York,  Monday,  January  26,  1891. 

TO  AID  ART  STUDENTS. 


John  Armstrong  Chaloner  Is  Raising  A  Fund. 

A  plan  to  establish  an  institution  for  helping  worthy  young  men 
and  women  to  gain  a  Parisian  education. 

The  artists  of  America  have  found  a  champion  in  John  Armstrong 
Chaloner,  a  great-grand  son  of  William  B.  Astor  and  a  grandson  of 
"Sam"  Ward.  Mr.  Chaloner  is  a  young  man  who,  although  he  de 
clares  that  he  is  not  an  artist,  is  an  enthusiast  on  the  subject  of 
art,  and  especially  American  Art.  His  wife,  who  was  Amelie  Rives, 
the  novelist,  is  studying  Art  in  Paris. 

A  few  years  ago  while  living  in  the  Latin  Quarter,  in  Paris,  Mr. 
Chaloner  met  a  poor  but  talented  American  Art  student,  to  whom 
he  guaranteed  $1,000  a  year  for  ten  years  to  enable  him  to  prosecute 
his  art  studies  freely.  In  helping  this  man  the  idea  occurred  to  him 
of  raising  a  fund  the  income  of  which  should  be  devoted  to  defraying 
the  expenses  of  American  Artists  while  studying  abroad,  in  case  they 
were  unable  to  pay  their  own  way. 

Among  the  American  residents  of  London  and  Paris  he  raised 
$11,000,  of  which  he  contributed  $2,500  himself.  He  then  came  to  New 
York  and  has  organized  a  Society,  which  is  to  be  incorporated  under 
the  laws  of  this  State  by  the  name  of  the  Institution  of  Art  of  New 
York,  unless  some  other  name  is  decided  upon  previously.  He  has 
also  raised  in  this  city  $14,000,  making  a  total  fund  of  $25,000,  which, 
it  is  expected,  will  be  further  increased  by  voluntary  contributions. 

The  institution  of  Art  is  to  consist  of  two  branches.  The  first  to4 
be  the  artistic  branch,  and  the  second  to  be  the  financial  branch.  Each 
branch  will  be  absolutely  separate  and  distinct  from  the  other,  and 


198 

while  one  will  look  after  the  artistic  element,  the  other  will  simply 
attend  to  the  financial  affairs  of  the  institution. 

There  will  also  be  a  jury  to  examine  candidates  and  pass  upon 
their  work  after  they  have  been  sent  abroad  and  to  determine  the 
details  of  their  studies.  The  ex-officio  members  of  this  jury,  which 
will  be  under  the  control  of  the  first  branch  will  be  the  President  of 
the  National  Academy  of  Design,  President  of  the  Metropolitan  Mu 
seum  of  Art,  President  of  the  Art  Students  League,  President  of  the 
Society  of  American  Artists,  and  the  President  of  the  American  Water- 
Color  Society.  The  other  members  of  the  jury  will  consist  of  two 
artists  elected  by  each  of  the  following:  The  National  Academy  of 
Design,  the  Art  Students  League,  the  American  Water  Color  Society 
and  the  Society  of  American  Artists. 

The  second  branch  will  consist  of  members  appointed  by  the  con 
tributors  to  the  fund  or  their  appointees,  who  will  transact  all  the 
financial  business  of  the  institution  and  control  the  fund.  The  fund 
will  be  deposited  with  a  trust  company  and  only  its  income  will  be 
used. 

The  competition  for  the  Paris  Fund,  as  it  will  be  called,  will  be 
open  to  women  as  well  as  men.  The  candidates  must  be  twenty-one 
years  old,  and  as  it  is  expected  that  institutions  of  art  will  be  estab 
lished  in.  all  the  principal  cities  in  the  country,  they  must  live  in 
the  State  in  which  the  institution  which  selects  them  is  situated.  No 
person  who  has  received  a  medal  in  any  foreign  art  exhibition  will 
be  eligible.  If  the  candidate  who  passes  the  examination  before  the 
jury  has  sufficient  means  not  to  need  the  income  of  the  fund,  he 
will  not  receive  money,  but  will  have  the  title  "Winner  of  the  Paris 
Prize,"  or  whatever  title  is  selected  by  the  jury  conferred  upon  him. 
The  winner  of  the  second  prize  will  receive  the  money. 

A  condition  to  which  candidates  must  agree  is  that  they  must 
send  home  every  three  months  drawings,  and  later  oil  studies,  decora 
tions  or  compositions  signed  by  the  masters  under  whom  they  are 
studying.  If  these  samples  of  the  work  fall  below  the  standard  of  the 
jury,  the  jury,  after  warning  them  will  inform  the  candidate  that  at 
the  end  of  the  year  a  new  examination  must  be  held  and  a  new  can 
didate  selected,  the  same  conditions  will  apply  to  those  in  ill  health. 
Candidates  must  sign  a  contract  that  at  the  end  of  five  years  abroad 
they  will  return  and  teach  an  art  class  for  two  years  for  nothing. 
Mr.  Chaloner  also  suggests  organizing  a  National  Art  Assembly,  com 
posed  of  delegates  from  all  the  proposed  Institutions  of  art  in  the 
country,  which  will  be  separate  and  distinct  from  one  another,  to 
which  assembly  the  work  of  the  candidates  will  be  submitted. 


199 

The  New  York  World,  January  29th,  1891. 

TO  FORM  A   "BEAUX   ARTS." 


A  Development  of  Mr.  Chaloner's  Educational  Scheme. 

The  success  which  crowned  the  efforts  of  John  Armstrong  Chaloner 
of  this  city,  in  originating  and  perfecting  the  scheme  for  sending 
American  Art  students  abroad  has  encouraged  him  to  develop  the  idea 
further.  He  has  long  entertained  the  view  that  America  was  ripe 
for  the  establishment  of  a  genuine  Beaux  Arts,  or  system  of  educa 
tion  to  embrace  all  the  higher  arts.  Mr.  Chaloner  raised  $25,000  in 
25  days  to  enable  American  students  in  painting  and  drawing  to 
secure  a  competent  education,  as  described  in  the  World  of  Monday. 

He  is  now  confident  of  being  able  to  duplicate  this  excellent  work 
so  as  to  give  the  same  facilities  to  students  in  acting,  sculpture,  archi 
tecture,  and  vocal  and  instrumental  music. 

His  ideas  were  brought  down  to  a  practical  and  simple  basis  be 
fore  he  outlined  the  scheme  to  any  of  his  friends,  and  have  already 
received  enthusiastic  endorsement.  Edwin  Booth,  after  careful  ex 
amination  of  Mr.  Chaloner's  plan,  yesterday  sent  him  the  following 
letter  of  cordial  approval. 

The  Players, 
16  Gramercy  Park. 
New  York,  January  28,  1891. 
Dear  Mr.  Chaloner: 

Your  scheme  is  an  excellent  one.  and  tends  towards  the  cultiva 
tion  of  the  actor.  With  the  same  end  in  view,  I  established  Booth's 
Theatre ;  in  the  hope  that  it  would  become,  in  time,  a  training  school 
for  the  American  actor.  This  failed  through  my  business  experience 
being  less  than  my  professional.  One  of  the  advantages  of  your 
plan  is  that  the  business  part  of  it  will  be  in  the  hands  of  business 
men,  and  the  artistic  in  the  hands  of  artists. 

I  feel  quite  sure  that  the  details  of  your  plan  can  be  arranged 
so  that  the  novice  can  receive  here  the  requisite  training  to  put  him 
or  her  in  a  position  to  begin  their  work  on  the  stage. 

Your  suggestion  is  a  good  one  that  the  novice,  after  receiving  this 
training  should  spend  a  year  or  two  abroad  stopping  long  enough  in 
the  different  capitals  to  familiarize  himself  with  the  methods  of  the 
different  continental  schools. 

Wishing  the  plan  success,  I  am, 

Yours  truly, 

EDWIN  BOOTH. 

In  explanation  of  the  details  of  his  plan  Mr.  Chaloner  said  to 
a  World  reporter  who  saw  him  yesterday : 

"The  Institution  of  Art,"  if  no  better  name  be  found,  is  the  en- 


200 

tering  wedge  of  the  Beaux  Arts  and  Conservatoire,  under  an  Ameri 
can  name  in  each  city  of  the  union,  which  approves  the  scheme  and 
is  interested  enough  to  establish  an  Institution  of  Art." 

"How  much  money  will  it  need?"  "Not  as  much  as  you  would 
think,"  replied  Mr.  Chaloner.  "Jour  thousand  five  hundred  dollars 
guaranteed  every  five  years  is  sufficient  to  send  a  new  Art  student 
abroad  every  five  years  and  maintain  him  or  her  there  an  equal  period. 
For  permanency  it  would  be  better  to  subscribe  the  capital  necessary 
to  produce  this  sum  at  5  per  cent  interest.  If  this  plan  meets  with 
approval  it  is  presumed  that  the  capital,  $18,000,  will,  in  time,  be 
increased  to  $60,000,  a  capital  sufficient  at  5  per  cent  interest  to  send 
one  art  student  abroad  and  support  him  or  her  there  for  a  term  of 
five  years,  and  so  to  do  this  every  12  months.  The  same  capital  would 
enable  a  student  of  either  sex  in  any  of  the  proposed  branches  of 
Art  to  be  sent  abroad  for  the  same  length  of  time,  and  under  prac 
tically  the  same  conditions.  These  branches  of  Art  are  included ; 
sculpture,  architecture,  acting,  and  in  music,  the  violin,  the  cello,  the 
piano,  and  the  human  voice.  Other  branches  of  Art  in  which  the 
public  is  interested  may  be  added." 

"How  would  this  scheme  operate?"  "This,"  replied  Mr.  Chaloner, 
"would  in  time  give  to  every  city  which  has  an  Institution  of  Art 
a  united  Beaux  Arts,  and  Conservatoire  where  these  lines  of  Art 
would  be  taught  under  management  entirely  individual  and  distinct 
but  parallel,  having  in  view  Art  as  a  common  end." 

Mr.  Chaloner  is  confident  that  this  will  supply  u  distinct  want 
and  the  success  which  he  has  already  met  with  justifies  him  in  the 
belief  that  it  will  meet  with  hearty  and  substantial  approval.  He 
will  visit  all  of  the  principal  cities  in  the  country,  and  submit  the 
plan  for  consideration,  the  intent  being  that  it  shall  be  truly  National 
in  its  operation.  Daniel  Huntington,  President  of  the  Academy  of 
National  Design,  has  written  Mr.  Chaloner,  congratulating  him  upon 
the  success  of  his  scheme  to  establish  an  Art  Scholarship  Fund,  and 
accepting  the  position  of  one  of  the  jury  of  award.  Letters  to  the 
same  effect  have  been  received  by  Mr.  Chaloner  from  President  Henry 
G.  Marquand,  of  the  Metropolitan  Museum  of  Art  President  E.  D. 
French,  of  the  Art  Student's  League,  and  President  J.  G.  Brown,  of 
the  American  Water  Color  Society.  All  speak  in  enthusiastic  com 
mendation  of  the  scheme.  William  M.  Chase  has  also  expressed  his 
approval  in  a  characteristic  letter,  in  which  he  says  "the  scheme  is 
a  magnificent  one."  Augustus  St.  Gaudens,  the  sculptor  has  also  writ 
ten  him,  approving  of  the  plan  proposed.  Mr.  Chaloner  will  leave 
for  Boston  on  Friday. 


201 

IN  RE  JOSEPH  H.  CHOATE,  JR.,  AND  T.  TITTLEBAT  SHERMAN. 

Having;  received  no  reply  to  our  above  letter  to  Joseph  H.  Choate, 
Jr.,  it  becomes  incumbent  upon  us  to  lift  the  veil  a  little  higher  over 
his  dark-lantern  methods.  To  that  end  we  print  all  that  was  written 
by  him  in  a  letter  dated  February  8,  1915,  to  a  member  of  our  office 
force  upon  the  subject  of  the  "Paris  Prize  Fund."  In  reading  the 
excerpt  the  observant  reader  will  note  the  nasty  sneer  at  the  Prize 
contained  in  the  following  phrase,  to  wit:  "the  so  called  Paris  Prize 
Fund."  Why  "so  called"? 

But  sneering  comes  natural  to  Joseph  H.  Choate,  Jr.  It  is  in  fact 
bred  in  the  bone  from  his  hard  featured  Papa — Joseph  H.  Choate,  Sr., — 
than  whom  a  more  cold-blooded,  colder-hearted  attorney  never  stared  a 
witness  out  of  countenance  on  the  stand. 

But  something  far  more  sinister  than  a  sneer — which  after  all,  Is 
more  a  question  of  good  taste  and  good  breeding,  good  bringing  up 
and  gentle  forbears — something  more  sinister  than  the  underbreeding 
displayed  by  Joseph  H.  Choate,  Jr.,  is!  at  issue  here.  And  that  sinister 
thing  is  nothing  less  than  the  practical  admission — on  the  evidence 
of  said  following  excerpt,  and  also  on  the  evidence  of  Joseph  H. 
Choate's  statement  in  his  brief  on  appeal  to  the  Federal  Circuit  Court 
for  the  Southern  District  of  New  York  (New  York  City)  in  Chalonvr 
against  Sherman — that  said  promising  offshoot  of  that  promising  old 
party  Joseph  H.  Choate,  Sr.,  has  made  up  his  nefarious  mind  to  nothing 
less  than  appropriate  the  thirty-eight  thousand  five  hundred  dollars 
subscribed  by  us,  as  above  described,  which  now — after  more  than 
twenty  years — with  interest  added — amounts  to  about  seventy-five  thou 
sand  dollars — to  what  said  Joseph  H.  Choate,  Jr.,  jauntily  describes 
as  "the  so-called  Paris  Prize  Fund."  That  is  a  startling  remark  to 
apply  even  to  a  man  living  in  a  place  like  the  city  of  New  York — 
where  the  motto  taking  the  place  of  "God  Bless  Our  Home" — over 
pretty  nearly  every  mantel-piece  is  "Get  Rich.  Honestly  If  You  Can. 
But  Get  Rich  Anyway."  We  hasten  to  make  good  said  startling  re 
mark  by  inserting  herewith  said  excerpt. 

Our  distinguished  adversary  shows  the  cloven  hoof  unmistakably 
in  the  sinister  closing  sentence  of  his  remarkably  frank  letter,  to  wit: 
"In  such  an  action  the  Court  can  dispose  of  the  Fund — by  directing  its 
return  to  the  subscribers. 
Said  excerpt,  to-wit : 

"Mr.  Sherman  has  recently  been  approached  by  representatives  of 
the  Bankers  Trust  Company  in  which  has  been  deposited  from  time 
to  time  income  from  the  so-called  Paris  Prize  Fund.  Some  of  these 
deposits  were  made  by  Mr.  St.  Gaudens  and  Mr.  McKim,  both  of  whom 
have  of  course  died.  The  Trust  Company  desiring  to  have  its  responsi 
bility  in  regard  to  this  Fund  defined  and  limited,  insists  that  some 
proceedings  be  taken  to  secure  the  appointment  of  a  custodian  or 
trustee  of  the  Fund  in  succession  to  the  deceased,  and  states  its  in- 


202 

tention  to  bring  such  proceedings  unless  what  it  wants  can  be  accom 
plished  otherwise.  As  the  United  States  Trust  Company  also  holds 
part  of  the  Fund,  and  as  each  of  the  two  companies  is  interested  in 
only  the  portion  held  by  it,  no  proceeding  brought  by  either  could 
eettle  all  the  questions  involved.  I  have  therefore  advised  Mr.  Sher 
man  that  the  time  has  come  for  him  to  act  upon  the  instructions  con 
tained  in  the  order  of  the  Appellate  Division  dated  June  24,  1912,  con 
firming  his  annual  account  for  the  preceding  year,  and  take  steps  to 
ascertain  the  rights  of  the  several  parties  interested  in  the  Paris  Prize 
Fund  and  to  secure  the  instructions  of  the  Court  as  to  its  disposition. 
For  this  purpose  he  proposes  to  bring  an  action  to  which  the  living 
subscribers  to  the  Fund,  the  representatives  of  those  who  have  died, 
the  two  Trust  Companies,  and  Mr.  Chaloner  shall  be  parties.  In  such 
an  action  the  Court  can  dispose  of  the  Fund  either  by  carrying  out 
as  nearly  as  may  be  its  original  purpose  or  by  directing  its  return  to 
the  subsribers. 

Yours  very  truly, 

JOSEPH  H.  CHOATE,  JR." 

Now,  we  have  shown  above  that  "Who's  Looney  Now?"  subscribed 
thirty-eight  thousand,  five  hundred  dollars  $38,500 — or  at  least  he  and 
his  generous  cousin,  Henry  Astor  Carey's  ghost — to  "the  socalled  Paris 
Prize  Fund."t  So  far  so  good.  Now  it  must  be  borne  in  mind  that 
Joseph  H.  Choate's  side-partner  in  the  proposed  spoliation  of  the 
largest  Art  Scholarship  as  above  described — in  the  City  of  New 
York — that  said  distinguished  practitioner's  side-partner  in  this  dia 
bolical  plot  against  an  Educational  Fund,  by  New  York  legal  practi 
tioners — namely  that  featherweight  lawyer — that  dummy  and  block 
head  figure  head,  in  the  firm  of  Evarts,  Choate  and  Sherman,  to-wit: 
Thomas  Tittlebat  Sherman  is — in  the  eye  of  the  majestic  brand  of 
bunco-law  ruling  the  New  York  Courts,  both  State  and  Federal,  in 
the  guise  of  Lunacy  Procedure — the  actual  "subscriber"  of  said  thirty- 
eight  thousand  five  hundred  dollars!  For  said  Tittlebat  Sherman  is 
the  "committee" — falsely  so-called — of  "Who's  Looney  Now's  person 
and  estate  in  the  revered  State  of  New  York.  Therefore  anything 
subscribed  by  "Who's  Looney  Now?"  to  the  "Paris  Prize  Fund"  would 
in  due  course — provided  Choate  and  Sherman  succeeded  in  "pulling 
off"  their  "job,"  and  "cracking"  their  way  into  the  safe  where  now 
repose  the  Funds  of  said  Paris  Prize — therefore  anything  subscribed 
by  "Who's  Looney  Now?"  to  the  Paris  Prize  Fund  would,  in  due 
course,  find  its  way  to  the  bottomless  pockets  of  Choate  and  Sherman. 
Now  if  Choate  and  Sherman  were  honest  men  instead  of  what  they  are 


tBy  an  oversight — caused  by  not  having  the  books  of  the  Paris 
Prize  Fund  at  hand — two  thousand  dollars  should  be  subtracted  from 
said  amount  and  credited  to  Arthur  Astor  Carey  who  subscribed 
said  sum.  Said  amount  now  amounts — after  more  than  twenty  years — 
with  interest  added — to  some  seventy-five  thousand  dollars. 


203 

on  the  evidence  safe-blowers  of  Educational  Funds — there  would  be  no 
serious  harm  accruing  from  the  transfer  of  the  thirty-eight  thousand 
five  hundred  to  the  bottomless  pockets  of  the  two  distinguished 
gentlemen  aforesaid.  But  the  ways  of  the  Wall  Street  lawyers 
are  getting  to  be  as  crooked  as  the  ways  of  Wall  Street  magnates — 
as  base  and  vile  as  the  John  D.  Rockefellers,  William  Rockefellers,  and 
the  late  lamented  noble  exponents  of  Christianity  in  business  that 
bluff  old  pirate,  H.  H.  Rogers;  and  that  undersized  pirate  E.  H.  Harri- 
man — not  forgetting  the  Father  of  Wall  Street  crimes  against  the 
public  and  stock-rigging,  that  smooth  little  a  hundred  and  ten  pound 
vendor  of  mousetraps,  the  late  lamented  Jay  Gould;  of  Delhi,  Delaware 
County,  New  York,  now — through  the  deodorization  of  time — almost  of 
sainted  memory.  Therefore  the  transfer  of  the  "Paris  Prize  Fund" 
to  the  pockets  of  Choate  and  Sherman  would  mean  the  dissipation 
of  the  said  thirty-eight  thousand  five  hundred  dollars.  The  proof 
of  that  grave  charge?  Here  it  is,  writ  large  in  the  most  mendacious, 
inefficacious,  self-damnatory  purlieu  of  vicious  and  predatory  sophistry 
ever  put  forth  by  a  lawyer  not  yet  languishing  behind  the  bars  of 
Sing  Sing;  or  by  a  sophist  since  the  days  of  the  God-like  Socrates  him 
self — who  sacrificed  his  life  in  unmasking  sophists  as  Jesus  Christ 
sacrificed  His  divine  life  some  hundreds  of  years  later  unmasking 
Pharisees  and  hypocrites — we  allude  to  the  said  brief  on  appeal  of 
Choate. 

Never,  in  our  extended  career  of  thirty  years  as  a  lawyer  before 
the  New  York  County  Bar — have  we  met  such  a  depraved  production 
emanating  from  a  supposedly  honest  and  reputable  lawyer.  Before 
citing  from  said  quagmire  of  mendacity  aforesaid,  we  shall  dally 
with  a  sink  as  vile-smelling  as  itself,  namely,  the  opening  speech 
of  said  distinguished  gentleman,  at  the  farcical  miscarriage  of  jus 
tice  miscalled  a  trial,  before  ex-judge  Holt  of  the  Federal  District 
Court  on  Manhattan  Island,  in  February,  1912.  This  citation 
proves — out  of  the  malodorous  mouth  of  Choate — that  we  did  perfectly 
right  to  bring  an  action  for  trover  and  conversion  against  his  side- 
partner  ISherman.  For  the  said  judge  says — and  Choate  hasn't  the 
effrontery  to  deny  such  an  example  of  hornbook  law  from  the  bench 
in  the  course  of  said  trial — page  56  of  the  transcript  of  Record  thereof 
—to  wit: 

(By  the  Court) : 

"This  suit  is  brought  against  that  committee  for  the  conversion 
of  the  property,  on  the  theory  that  he  has  no  right  to  retain  it,  it 
having  been  demanded  and  that  he  has  not  given  it  over,  which 
amounts  to  a  conversion." 

Now,  in  the  teeth  of  the  above  statement  from  the  court  itself, 
that  we  were  within  our  legal  rights  in  bringing  a  suit  for  conver 
sion,  Choate  has  the  depravity  to  attempt  to  take  a  shyster-advantage 
of  the  nature  of  the  suit  brought  and  admits  that  he  and  Sherman  are 
about  to  attempt  to  appropriate  our  property.  Hear  him,  and  then 


204 

marvel  at  New  York  society  which  tolerates  such  a  man;  and  also  con 
sider  that  sanctimonious  dignified  aggregation  of  questionable  practi 
tioners — on  their  record  In  Wall  Street — supporting  to  a  man  the  Trusts 
against  the  people — consider  that  cave  of  the  winds,  that  emporium  of 
hot  air  the  New  York  €ity  Bar  Association,  of  which  Choate  Is  an 
honoured  member.  Choate  says,  page  one,  of  his  brief:  "The  relief  de 
manded  In  the  action  as  in  all  actions  for  conversion,  is  not  return  of 
the  plaintiff-in-error's  property  to  him,  but  a  judgment  for  damages, 
which  would  necessarily  be  measured  by  the  value  of  the  property  now 
in  the  committee's  hands,  and  a  judgment  In  favor  of  the  plaintiff 
would  vest  defendant,  personally  with  title  to  the  property  in  hand  at 
the  time  of  the  alleged  conversion,  at  the  same  time  charging  him  with 
damages  which  would  probably  be  much  more  or  much  less  than  the 
property's  present  value. 

The  action  can  have  no  direct  effect  upon  the  very  much  larger 
amount  of  property  which  has  come  into  the  committee's  hands  since 
it  was  commenced."  Did  anybody  ever  hear  the  like?  One  would 
suppose  that  no  such  thinng  as  the  Maxim,  "There  is  no  wrong  without 
a  remedy"  existed,  and  had  existed  since  the  beginning  of  the  Common 
Law.  One  would  suppose  that  only  one  cut  and  dried  method  for  achiev 
ing  a  given  end  existed  in  law.  Lastly,  one  would  suppose  that  the 
hoary  old  and  venerated  maxim:  "Equity  follows  the  law,"  did  not 
exist.  Let  us  hear  Judge  Holt  from  the  bench  on  the  subject  once 
more.  Page  148,  Transcript  of  Record.  [The  Court.]  "I  suppose  Mr. 
Sherman  knows  what  property  he  has  in  hand.  If  the  plaintiff  is 
entitled  to  recover  at  all,  he  is  entitled  to  recover  all  he  has,  I  take  it." 

In  closing  this  appalling  spectacle  of  the  abysmal   depravity   of 
the  New  York  County  Bar,  we  shall  not  refrain  from  observing  that 
the  reformation  of  the  Bar  and  Bench  suggested  by  "Hugh  Stutfield"- 
not  to  mention  the  revolution  hinted  at  by  Mm — receives  added  weight 
thereby. 

"Who's  Looney  Now?"  has  proved  himself — during  a  combat  with 
the  State  of  New  York  and  her  courts  of  now  in  its  nineteenth  year — 
the  possessor  of  that  ancient  military  virtue — presumably  inherited 
from  his  military  ancestors — known  as  fertility  of  resource. 

For  instance.  Supposing  that  Choate  and  Sherman  are  able  to 
hoodwink  and  bamboozle  the  New  York  Courts — both  State  and  Fed 
eral — as  they  have  been  eminently  successful  in  doing  for  nineteen 
years — there  still  remains  the  United  States  Supreme  Court.t 

Furthermore.  Supposing  them  successful  in  that  august  quarter 
there  yet  remains  this  salient  fact.  To  wit:  "Who's  Looney  Now?"  is 
the  Paris  Prize  Fund:  In  the  ratio  of  twenty-eight  thousand  five  hun 
dred,  to  thirteen  thousand  five  hundred.! t  The  latter  insignificant  sum — 


tin  which  our  appeal  in  Chaloner  against  Sherman  was  filed  April 
30,  1915. 

ftOr — as   aforesaid — with    over   twenty   years'    interest — as    about 
seventy-five  thousand  dollars  is  to  about  twenty-five. 


205 

when  compared  with  thirty-eight  thousand  five  hundred — is  all  that 
was  subscribed  by  outside  Art  Patronsftt — the  large  sum  represents 
"Who's  Looney  Now's?"  benefaction.  So  far  so  good.  Now  if  a  hood 
winked  and  bamboozled  Court — or  long  chain  of  Courts — both  State 
and  Federal — permits  this  scandal — permits  Choate  and  Sherman,  for 
their  own  nefarious  dishonest  and  frankly  thievish  ends  to  disinte 
grate  and  destroy  the  powerful  Paris  Prize  Scholarship,  and  allow 
Art  Students  to  be  robbed  for  the  benefit  of  said  two  Wall  Street 
Attorneys,  Choate  and  Sherman — why  in  that  amusing  travesty  of 
justice  this  will  take  place.  When  "Who's  Looney  Now?"  dislodges 
the  said  distinguished  gentlemen  from  their  seat  on  his  strong  box,  and 
forces  them  to  disgorge — through  the  courts,  their  overcharges,  and 
sundry  other  little  acts  in  financial  matters — then  "Who's  Looney 
Now?"  will  announce  in  the  papers  that  he  is  about  to  remove  the 
"Paris  Prize  Fund"  from  New  York,  on  the  ground,  that  said  suc 
cessful  thievish  assault  on  Educational  Funds,  has  proved  Gotham 
an  unhealthy  locality  for  Educational  Funds,  and  that  he  will  set  up 
the  Lares  and  Penates  of  the  Paris  Prize  in  Washington,  D.  C.,  where  it 
can  be  under  the  protection  of  the  National  Legislature  rather  than 
under  that  of  the  New  York  Courts. 

Thereupon  he  will  add  to  the  one  hundred  or  two  hundred  thou 
sand  dollar  damage  suit  he  proposes  to  bring  against  the  two  chief 
Petitioners,  namely,  Messrs.  Winthrop  Astor  Chanler  and  Ex-Lieuten 
ant  Governor  Lewis  Stuyvesant  Chanler — the  said  thirty-eightj  j  f  f 
thousand  five  hundred  scattered  to  the  four  winds  of  heaven  by  the 
aforesaid  sage  action  of  the  said  Courts.  The  said  one  hundred  and 
fifty  to  two  hundred  thousand  damage  suit  is  merely  to  recover  the 
actual  moneys  disbursed  by  "Who's  Looney  Now?"  in  lawyer's,  alien- 
est's,  neurologist's  and  psychologist's  fees — amounting  roughly  to  some 
fifty  to  seventy-five  thousand  dollars — to  which  must  be  added  the 
twenty  thousand  dollars  taken  from  "Who's  Looney  Now?"  by  "Bloom- 
ingdale,"  the  twenty  thousand  dollars  paid  Evarts,  Choate  and  Sher 
man  for  legal  expenses,  and  the  annual  four  thousand  dollars  taken 
by  those  distinguished  members  of  the  Episcopal  Church  and  of  the 
eminent  Bishop  Greer's  See — said  Choate  and  Sherman — from  the  well 
lined  coffers  of  "Who's  Looney  Now?"  together  with  whatever  other 
actual  disbursements — not  damages  for  loss  of  happiness  or  injury  to 
business  interests  through  the  near-criminal  mismanagement  of  Choate 
and  Sherman — but  actual  disbursements  made  by  "Who's  Looney  Now?'' 
for  moneys  caused  to  be  spent  by  him,  and  covered  by  vouchers  and 
receipts — through  the  Hellish  injustice  and  barbarous  unnatural  sordid 
greed  of  said  two  Chanlers  for  his  million  and  a  half — backed  up  by 


\\\ Except  the  two  thousand  dollars  subscribed  by  Arthur  Astor 
Carey  aforesaid. 

||f-f-Now  amounting  to  about  seventy-five  thousand  as  above  de 
scribed. 


206 

their  venomous  viperish  jealousy,  spite  and  malice — in  which  noble 
aim  said  gentlemen  were  supported  by  the  entire  Chanler  family,  male 
and  female.  We  fancy  no  jury  will  refuse  to  do  us  the  above  bare 
justice. 

So — in  time — like  a  Phoenix  from  its  ashes  will  arise  the  "Paris 
Prize." 

Since  writing  the  above — and  while  "Robbery  Under  Law"  is 
going  through  the  press — the  complaint  of  Thomas  T.  Sherman  in  re 
the  Paris  Prize  Fund  has  reached  us,  together  with  the  reply  so 
earnestly  desired  by  us  from  his  attorney  Joseph  H.  Choate,  Jr.  We 
insert  said  complaint,  followed  by  said  reply. 


In  re  THE  PARIS  PRIZE 


NEW  YORK  SUPREME  COURT. 

COUNTY  OF  NEW  YORK. 


THOMAS  T.  SHERMAN,  as  Committee  of  the  person 
and  property  of  John  Armstrong  Chaloner,  etc., 

against 
BANKERS  TRUST  COMPANY,  and  others, 


Plaintiff, 


Defendants. 


Copy. 
SUMMONS  AND  COMPLAINT. 


EVARTS,  CHOATE  &  SHERMAN, 

Plaintiff's  Attorneys, 

60  Wall  Street, 
City  of  New  York. 


NEW  YORK  SUPREME  COURT. 

COUNTY  OF  NEW  YORK. 

Thomas    T.    Sherman,    as   Committee   of    the    person    and 
property  of  John  Armstrong  Chaloner,   an  incompetent\ 
Person, 

Plaintiff, 
against 

Bankers  Trust  Company,  United  States  Trust  Company 
of  New  York,  Elizabeth  Winthrop  Chapman,  William 
Waldorf  Astor,  Warren  Delano,  Junior,  as  surviving  ex 
ecutor  of  the  will  of  Laura  Astor  Delano,  deceased,  Alice 
G.  Vanderbilt,  William  K.  Vanderbilt,  Alfred  G.  Vander-  \ 
bilt,  Reginald  C.  Vanderbilt  and  Chauncey  M.  Depew,  as 
surviving  executors  of  the  will  of  Cornelius  Vanderbilt, 
deceased,  Arthur  Astor  Carey,  individually  and  as  execu 
tor  of  the  will  of  Henry  R.  A.  Carey,  deceased,  James 
R.  Roosevelt  and  Douglas  Robinson,  as  surviving  execu 
tors  of  the  will  of  William  Astor,  deceased,  and  the  At 
torney  General  of  the  State  of  New  York, 

Defendants. 


Summons 


208 

To  the  above  named  Defendants: 

You  are  hereby  summoned  to  answer  the  complaint  in  this  action, 
and  to  serve  a  copy  of  your  answer  on  the  plaintiff's  attorneys  within 
twenty  days  after  the  service  of  this  summons,  exclusive  of  the  day 
of  service;  and  in  case  of  your  failure  to  appear  or  answer,  judgment 
will  be  taken  against  you  by  default,  for  the  relief  demanded  in  the 
complaint. 

Dated,  New  York,  April  8,  1915. 

EVARTS,  CHOATE  &  SHERMAN. 

Attorneys  for  Plaintiff, 
Office  and  Postoffice  Address, 

No.  60  Wall  Street, 
Borough  of  Manhattan, 
City  of  New  York,  N.  Y. 

NEW  YORK  SUPREME  COURT. 

COUNTY  OF  NEW  YORK. 


Thomas    T.    Sherman,    as    Committee   of    the    person    and 
propert 
Person, 


property  of  John   Armstrong  Chaloner,   an  incompetent 


Plaintiff, 
against 

Bankers  Trust  Company,  United  States  Trust  Company 
of  New  York,  Elizabeth  Winthrop  Chapman,  William 
Waldorf  Astor,  Warren  Delano,  Junior,  as  surviving  ex 
ecutor  of  the  will  of  Laura  Astor  Delano,  deceased,  Alice 
G.  Vanderbilt,  William  K.  Vanderbilt,  Alfred  G.  Vander- )  Complaint 
bilt,  Reginald  C.  Vanderbilt  and  Chauncey  M.  Depew,  as 
surviving  executors  of  the  will  of  Cornelius  Vanderbilt, 
deceased,  Arthur  Astor  Carey,  individually  and  as  execu 
tor  of  the  will  of  Henry  R.  A.  Carey,  deceased,  James 
R.  Roosevelt  and  Douglas  Robinson,  as  surviving  execu 
tors  of  the  will  of  William  Astor,  deceased,  and  the  At 
torney  General  of  the  State  of  New  York, 

Defendants. 

Thomas  T.  Sherman,  as  Committee  of  the  person  and  property  of 
John  Armstrong  Chaloner,  an  incompetent  person,  plaintiff  in  the 
above  entitled  action,  by  Evarts,  Choate  &  Sherman,  his  attorneys 
therein,  complains  of  the  defendants  in  said  action  above  named,  and 
thereupon  states  and  alleges,  upon  information  and  belief,  as  follows: 

First.  Each  of  the  defendants  Bankers  Trust  Company  and  United 
States  Trust  Company  of  New  York  is  a  domestic  corporation. 

Second.  By  order  or  judgment  of  this  Court  duly  made  and  entered 
in  the  office  of  the  Clerk  of  the  County  of  New  York  on  June  23,  1899, 


209 

,upon  inquisition  duly  had,  the  said  John  Armstrong  Chaloner  was 
duly  adjudged  to  be  incompetent  to  manage  himself  or  his  property, 
and  Prescott  Hall  Butler  was  appointed  Committee  of  his  person  and 
property.  The  said  Prescott  Hall  Butler  duly  qualified  and  acted  as 
such  Committee  until  by  order  of  this  Court  duly  made  and  entered 
on  November  19,  19'01,  in  the  office  of  said  clerk,  the  resignation  of 
said  Prescott  Hall  Butler  as  such  Committee  was  accepted,  and  the 
plaintiff  herein  was  duly  appointed,  and  he  duly  qualified  as,  and  has 
ever  since  been  and  now  is,  the  Committee  of  the  person  and  property 
of  the  said  John  Armstrong  Chaloner. 

Third.  In  or  about  the  year  1890,  the  said  John  Armstrong  Chal 
oner,  for  the  purpose  of  encouraging  and  fostering  the  study  of  art 
by  men  and  women  residing  in  the  United  iStates,  by  providing  those 
sufficiently  qualified,  and  in  need  of  such  financial  aid,  with  the  means 
of  studying  abroad,  devised  a  plan  or  scheme  as  hereinafter  set  forth, 
and  declared  the  same,  and  thereupon  and  to  that  end  he  himself  con 
tributed  the  sum  of  $14,000  and  obtained  from  other  American  art 
patrons  contributions  as  follows:  From  the  defendant  Arthur  Astor 
Carey,  or  from  Henry  R.  A.  Carey,  since  deceased,  327  shares  of  the 
capital  stock  of  the  Morris  and  Essex  Railroad  Comapny,  of  the  par 
value  of  $16,350,  t  and  from  said  Henry  R.  A.  Carey  the  sum  of  $5,0<0<0; 
from  the  defendant  Elizabeth  Winthrop  Chapman,  the  sum  of  $1,000; 
from  Laura  Astor  Delano,  since  deceased,  the  sum  of  $1,000;  from  the 
defendant,  William  Waldorf  Astor,  the  sum  of  $1,500;  from  William 
Astor,  since  deceased,  the  sum  of  $2,500;  and  from  Cornelius  Vander- 
bilt,  since  deceased,  the  sum  of  $2,500.  The  sums  of  money  so  con 
tributed,  aggregating  $27,500,  he  invested  in  $25,000  in  amount  at  par 
of  the  second  mortgage  five  per  cent,  bonds  of  the  Beech  Creek  Rail 
road  Company,  and  he  thereupon  deposited  the  said  stock  and  bonds 
with  the  defendant  United  States  Trust  Company  of  New  York,  in  the 
name  of  the  "Paris  Prize  Fund,"  and  made  and  delivered  to  the  said 
Trust  Company  a  written  statement  to  the  effect  that  he  had  made 
such  deposit  with  it  in  the  name  of  the  "Paris  Prize  Fund,"  instead 
of  in  his  individual  name,  for  the  reason,  that  while  he  had  full  and 
absblute  control  of  said  stock  and  bonds,  and  was  responsible  therefor, 
he  nevertheless  preferred  to  keep  them  separate  from  his  personal 
account  until  he  should  feel  justified  in  organizing  a  corporation  for 
the  purpose  of  advancing  his  Art  Scheme,  when  they  would  be  trans 
ferred  to  such  corporation. 

Fourth.  The  said  plan  or  scheme,  as  conceived  and  declared  by 
Mr.  Chaloner,  and  for  the  accomplishment  of  which  the  said  contribu 
tions  were  made,  was  to  create  a  fund,  and  to  invest  the  same,  and 
from  the  income  thereof  to  establish  a  Prize,  to  be  known  as  the  "Paris 
Prize,"  each  Prize  to  consist  of  $4,500,  paid  at  the  rate  of  $900  a  year 


tBut  so  far  above  par  as  to  be  worth  twenty-five  thousand  dol 
lars. — J.  A.  C. 


210 

for  five  years,  or  such  other  amount  as  should  be  determined  upon 
as  proper,  for  the  support  of  an  art  student  In  the  study  of  drawing, 
painting  and  decoration  in  Paris  in  France  and  other  foreign  art 
centres;  and  also  from  such  income  to  pay  the  expenses  incident  to 
the  carrying  out  of  said  plan  and  such  amounts  as  might  be  advisable 
for  its  promotion  and  success.  The  Prize  was  to  be  awarded  by  a 
competent  jury  as  the  result  of  competition  among  the  applicants,  and 
to  be  open  alike  to  men  and  women,  but  only  to  those  students  really 
in  need  of  financial  aid  to  carry  on  their  art  studies  abroad.  Each 
student  receiving  the  Prize  was  to  be  required  to  do  at  least  two  years' 
work  in  Paris,  after  which,  if  he  should  so  desire  and  the  said  jury 
should  consider  him  sufficiently  advanced,  he  was  to  be  permitted  to 
work  elsewhere  abroad.  In  order  to  secure  the  permanency  of  the  said 
plan  a  corporation  was  to  be  formed,  to  be  named  the  "Paris  Prize," 
for  the  purpose  of  executing  the  same,  to  which  corporation  the  said 
fund  was  to  be  transferred. 

Fifth.  The  said  fund  was  received  and  deposited  by  Mr.  Chaloner 
as  aforesaid,  subject  to  the  charitable  and  educational  trust  as  thus 
generally  declared.  This  meritorious  and  practically  helpful  charity 
having  been  conceived  by  himself,  and  the  contributions  for  the  attain 
ment  thereof  having  been  secured  entirely  by  his  own  effort,  it  was 
understood  by  the  said  contributors  and  by  Mr.  Chaloner  that  he  held 
the  said  fund  as  sole  trustee,  and  with  power,  subject  to  the  said  trust, 
to  control  the  said  fund,  and  himself  in  his  discretion  to  decide  upon 
further  details  of  said  plan,  and  to  apply  the  income  of  said  fund  in 
accordance  with  such  decision.  Mr.  Chaloner  worked  out  the  said 
plan  in  further  detail.  He  decided  that  it  was  advisable  to  establish 
the  Prize  only  in  the  City  of  New  York,  to  be  open,  however,  to  any 
American  art  student,  without  restriction  as  to  residence,  who  should 
not  have  received  a  Medal  or  Honorable  Mention  in  any  foreign  Art 
Exhibition  or  Salon,  and  that  the  Prize  should  be  awarded  every  second 
year,  experience  having  proven  that,  until  the  standard  of  art  study 
in  the  United  States  should  be  raised,  the  supply  of  art  students  of 
the  strength  demanded  by  the  Prize  was  not  large  enough  to  warrant 
the  holding  of  an  annual  competition  and  sending  an  art  student 
abroad  every  year.  He  arranged  for  a  preliminary  competition,  ten 
candidates  from  such  preliminary  competition  to  be  selected,  by  a 
jury  composed  as  hereinafter  stated,  for  the  final  competition  for  the 
said  Paris  Prize,  and  also  for  a  monthly  competition,  the  winner  each 
month  to  be  awarded  $25,  the  work  submitted  to  consist  alternately 
of  composition,  drawing  and  painting,  the  object  of  which  was  to 
raise  the  standard  of  the  Paris  Prize  competitions,  to  which  the 
monthly  competitions  were  to  be  the  only  avenue  of  entrance,  as  those 
only  who  should  win  a  prize  or  honorable  mention  in  such  monthly 
competitions  were  to  be  eligible  for  the  Paris  Prize  preliminary  copeti- 
tion,  and  with  the  further  object  of  bringing  together  in  monthly 
tests  the  work  of  the  representative  students  in  the  leading  art  schools 


211 

of  the  United  States  and  to  raise  the  standard  in  such  art  schools,  and 
to  create  and  nourish  an  equal  interest  in  composition,  painting  and 
drawing.  These  monthly  competitions  were  called  by  Mr.  Chaloner 
the  "Paris  Prize  Concours,"  and  they  were  to  be  decided  by  a  jury 
of  competent  artists  who  should  consent  to  act.  The  jury  designated 
by  Mr.  Chaloner  for  the  Paris  Prize  preliminary  and  final  competitions 
was  to  consist  of  the  following  persons: 

The  President  of  the  National  Academy  of  Design. 

The  President  of  the  Society  of  American  Artists. 

The  President  of  the  Metropolitan  Museum  of  Art. 

The  President  of  the  Art  Students'  League. 

Three  artists,  members  of  the  National  Academy  of  Design,  chosen 
by  said  Academy. 

Three  artists,  members  of  the  Society  of  American  Artists,  chosen 
by  said  Society. 

One  artist  to  represent  the  Pratt  Institute. 

Two  artists  to  represent  the  Paris  Prize. 

If  no  candidate  of  sufficient  ability,  in  the  opinion  of  the  jury, 
should  appear,  no  Prize  was  to  be  awarded  that  year,  nor  until  the 
next  regular  biennial  competition.  The  work  of  the  Prize  winner  in 
Paris  was  to  be  supervised  by  an  artist  residing  there,  and  the  student 
was  to  agree  to  send  home  to  the  jury,  at  the  end  of  each  year,  speci 
mens  of  his  or  her  work  signed  by  the  master  under  whom  he  or  she 
had  worked.  If  the  work  should  fall  below  the  standard  required  by 
the  jury,  the  jury  should,  after  assuring  themselves  that  it  was  not 
merely  a  temporary  fluctuation  in  the  student's  work,  warn  him  or 
her  that  unless  the  work  should  reach  the  required  standard  during 
the  following  year,  the  Prize  would  then  be  withdrawn,  and  a  new 
competition  held.  The  aforesaid  details  of  the  plan,  as  worked  out 
by  Mr.  Chaloner,  are  here  stated  as  indicating  an  apparently  wise 
and  practical  way  of  carrying  out  the  trust  as  generally  declared  as 
aforesaid,  and  the  possibility  of  executing  it  by  a  trustee  or  trustees 
appointed  by  the  Court,  or  by  a  corporation  formed  for  that  purpose 
to  which  such  trustee  or  trustees  might  convey  the  said  trust  prop 
erty. 

Sixth.  In  or  about  the  month  of  February,  1897,  the  said  John 
Armstrong  Chaloner  executed  and  delivered  to  Stanford  White  and 
Augustus  St.  Gaudens  powers  of  attorney  for  the  purpose  of  enabling 
them  to  collect  the  income  and  dividends  of  the  said  trust  fund,  and  to 
apply  them  to  the  purposes  of  the  said  trust.  Prior  to  said  last  men 
tioned  date  Mr.  Chaloner  had  applied  certain  of  the  income  arising 
from  the  said  trust  fund  and  further  sums  contributed  by  himself,  for 
the  support  of  a  student  sent  abroad  in  pursuance  of  said  plan,  and 
there  remained,  in  May,  1898,  of  the  income  derived  from  the  said 
stock  and  bonds  and  unexpended  for  the  purposes  of  said  trust,  the 
sum  of  $2,579.34  in  the  hands  of  said  United  States  Trust  Company, 
and  $218.77  in  the  hands  of  Chaloner  and  Philip,  Mr.  Chaloner's  law 


212 

firm.  By  virtue  of  said  powers  of  attorney  the  said  Stanford  White 
or  Augustus  St.  Gaudens  collected  said  sums  of  income,  and  thereafter 
deposited  with  The  Mercantile  Trust  Company,  in  an  account  to  the 
credit  of  "Augustus  St.  Gaudens  or  Stanford  White,"  the  said  sums, 
and  further  interest  and  dividends  derived  from  the  said  stock  and 
bonds,  as  follows: 

May      6,  1897,  said  sum  of $2,579  34 

May      7,  1897,  said    sum    of 218  77 

April  14,  1898,  interest  for  one  year  on  said  $25,000  Beech 
Creek  R.  R.  Co.  5%  bonds  collected  by 
United  States  Trust  Co.,  less  $75  commis 
sions  of  said  company  1,175  00 

May  24,  1899,  interest  for  one  year  on  said  bonds,  collected 
by  United  States  Trust  Co.,  less  $75  com 
missions  of  said  company 1,175  00 

July,          1897,  dividends  for  eight  years  on  said  327  shares 
to  ($50  each)  of  Morris  and  Essex  R.  R.  Co., 

Jan.,          1905,       at    1%    9,156  00 

Ang.  24,  1899,  a  deposit  of  cash  received  from  John  Arm 
strong  Chaloner  2  00 


Total   deposits    $14,306  11 

The  said  attorneys  withdrew  from  said  account  for  the  support 
of  a  student,  one  Lawton  S.  Parker,  sent  abroad  pursuant  to  the  said 
trust  plan,  and  for  expenses  of  the  said  trust,  certain  sums  as  follows: 

May  6,  1897,  Lawton  8.  Parker   (draft) $  450  00 

Sep.  16,       "                 "                 "             "       450  00 

Dec.  10,  1897,  De  Vinne  &  Co.,  for  printing 10  20 

May  16,  1898,  Lawton  S.  Parker  (draft) 450  00 

Oct.  26,      "               "                "            "       450  00 

May  23,  1899,            "                "            "       450  00 

Oct.  23,       "                "                 "             "       450  00 

Feb.  9,  1900,             "                "            "       450  00 

Sep.  22,       "                "                "   '         •"       450  00 

May  29,  1901,            "                "            "       450  00 


Total    withdrawals    $  4,060  20 

leaving    a    balance    of   cash    in    said    account,    exclusive    of    interest, 

of    $10,245  91 

Thereafter,  on  June  19,  1905,  the  said  Stanford  White  no  longer 
desiring  to  act  at  attorney  as  aforesaid,  the  said  account  in  The  Mer 
cantile  Trust  Companp  was  transferred  to  the  credit  of  "Augustus  St. 
Gaudens  or  Charles  F.  McKim."  On  September  10,  1907,  the  said 


213 

Mercantile  Trust  Company  rendered  to  the  plaintiff  herein  at  his 
request  a  statement  of  said  account,  which  statement  showed  the 
deposits  therein  and  withdrawals  therefrom  to  be  as  hereinbefore  set 
forth,  and  that  said  company  had  credited  interest  upon  the  balance 

in  said  account,  to  September  10,  1907,  in  the  amount  of $    1,712  25 

and  that  the  amount  standing  to  the  credit  of  said  account 

on  September  10,  1907,  was $11,958  16 

The  said  Mercantile  Trust  Company  was  thereafter  merged  into 
or  consolidated  with  the  defendant  Bankers  Trust  Company,  and  the 
said  Bankers  Trust  Company  received  the  said  deposits  and  took  over 
the  said  account  and  assumed  all  of  the  obligations  of  the  said  Mer 
cantile  Trust  Company  in  respect  thereto.  Each  of  the  said  Stanford 
White,  Augustus  St.  Gaudens  and  Charles  F.  McKim  is  now  deceased. 
No  withdrawals  have  been  made  from  said  account  except  as  herein 
before  set  forth,  and  the  said  sum  of  $11,958.16,  together  with  interest 
at  the  rate  allowed  by  the  said  companies  upon  deposits  of  like 
amount,  up  to  the  time  when  the  said  deposits  shall  be  withdrawn 
by  the  person  or  persons  authorized  thereto  by  judgment  of  this 
Court,  is  and  will  be  due  from  the  said  Bankers  Trust  Company  upon 
the  said  account.  The  said  Bankers  Trust  Company  at  the  request 
of  the  plaintiff  herein,  has  stated  to  him  that  the  balance  of  cash  on 
deposit  with  it  to  the  credit  of  said  account,  with  accrued  interest  to 
December  31,  1914,  amounts  to  $14,494.59. 

Seventh.  By  virtue  of  said  power  of  attorney,  the  said  Stanford 
White  received  from  the  Morris  and  Essex  Railroad  Company  the 
dividends  at  the  rate  of  seven  per  cent,  per  annum  declared  by  said 
company  on  the  said  327  shares  of  its  capital  stock,  payable  in  July, 
1905,  and  in  January,  1906,  amounting  to  $1,144.50,  and  delivered  the 
said  sum  to  the  plaintiff  herein,  and  the  said  plaintiff  in  his  name  as 
Committee  as  aforesaid,  on  January  16,  1906,  deposited  the  said  sum 
of  $1,144.50  to  the  credit  of  an  account  with  The  Farmers'  Loan  and 
Trust  Company,  at  interest,  and  received  and  holds  a  certificate  for 
such  deposit,  and  the  said  sum,  together  with  interest  to  the  time  when 
the  said  deposit  shall  be  withdrawn  by  the  person  or  persons  author 
ized  thereto  by  judgment  of  this  Court;  is  and  will  be  due  from  The 
Farmers'  Loan  and  Trust  Company  upon  the  said  account. 

Eighth.  Since  the  said  payment  of  January,  1906,  no  dividends 
have  been  paid  by  the  Morris  and  Essex  Railroad  Company  upon  the 
said  327  shares  of  its  capital  stock,  although  dividends  at  the  rate  of 
Iseven  per  cent,  per  annum  have  been  in  each  year  declared  and  are 
payable  upon  the  said  shares  of  stock.  The  dividends  declared  upon 
the  said  shares  of  stock  and  withheld  by  the  said  railroad  company, 
including  the  dividend  payable  in  January,  1915,  amount  to  $9,728.25, 
and  the  said  sum,  together  with  such  further  dividends  as  may  be  de 
clared  and  payable  upon  the  said  shares  of  stock,  to  the  time  when 
the  said  dividends  shall  be  paid  to  the  person  or  persona  authorized 
thereto  by  judgment  of  this  Court,  is  and  will  be  due  upon  the  said 
shares  of  stock  from  the  Morris  and  Essex  Railroad  Company. 


214 

Ninth.  Since  the  aforesaid  withdrawals  by  Stanford  White  and 
Augustus  St.  Gaudens  from  the  defendant  United  States  Trust  Com 
pany,  no  withdrawals  have  been  made  from  the  said  "Paris  Prize 
Fund"  account,  and  the  said  United  States  Trust  Company  continues 
to  hold  the  said  stock  and  bonds  to  the  credit  of  the  said  account,  and 
to  collect  the  interest  on  the  said  bonds  as  the  same  becomes  payable, 
and  to  credit  interest  upon  the  cash  balance  of  said  account.  The 
said  stock  and  bonds,  together  with  the  interest  so  collected  and 
credited  to  the  time  when  the  said  account  shall  be  withdrawn  by  the 
person  or  persons  authorized  thereto  by  judgment  of  this  Court,  less 
the  proper  commissions  for  the  collection  of  interest  on  said  bonds,  is 
and  will  be  due  from  the  said  United  States  Trust  Company  upon  the 
said  account.  The  said  United  States  Trust  Company,  at  the  request 
of  the  plaintiff  herein,  stated  to  him  on  January  11,  1915,  that  the 
cash  balance  to  the  credit  of  said  account,  in  addition  to  said  stock 
and  bonds,  amounted  to  $21,898.13,  bearing  interest  at  the  rate  of  two 
and  one-half  per  cent,  per  annum.t 

Tenth.  The  said  Laura  Astor  Delano  died  June  15,  1902,  leaving  a 
will  which  was  duly  proved  before  and  admitted  to  probate  by  the 
Surrogates'  Court  of  the  County  of  New  York,  to  which  court  juris 
diction  in  that  behalf  appertained,  and  thereafter  letters  testamentary 
under  said  will  were  duly  issued  by  the  said  Surrogates'  Court  to  the 
defendant  Warren  Delano,  Junior,  and  to  others  since  deceased,  and 
the  said  Warren  Delano,  Junior,  is  the  sole  surviving  executor  of 
said  will. 

Eleventh.  The  said  Cornelius  Vanderbilt  died  September  12,  1899, 
leaving  a  will  which  was  duly  proved  before  and  admitted  to  probate 
by  the  Surrogates'  Court  of  the  County  of  New  York,  to  which  court 
jurisdiction  in  that  behalf  appertained,  and  thereafter  letters  testa 
mentary  under  said  will  were  duly  issued  by  the  said  Surrogates' 
Court  to  Edward  V.  W.  Rossiter,  since  deceased,  and  to  the  defendants 
Alice  G.  Vanderbilt,  William  K.  Vanderbilt,  Alfred  G.  Vanderbilt,  Reg 
inald  C.  Vanderbilt  and  Chauncey  M.  Depew,  who  are  the  only  sur 
viving  executors  of  said  will. 

Twelfth.  The  said  Henry  R.  A.  Carey  died  April  29,  1895,  leaving 
a  will  which  was  duly  proved  before  and  admitted  to  probate  by  the 
Probate  Court  of  the  City  of  Newport  in  the  State  of  Rhode  Island,  to 
which  court  jurisdiction  in  that  behalf  appertained,  and  thereafter 
letters  testamentary  under  said  will  were  duly  issued  by  the  said 
Probate  Court  to  the  defndant  Arthur  Astor  Carey,  who  is  the  sole 
executor  of  said  will. 

Thirteenth.  The  said  William  Astor  died  April  25,  1892,  leaving  a 
will  which  was  duly  proved  before  and  admitted  to  probate  by  the 


tAdding  up  the  assets  of  the  "Paris  Prize  Fund"  will  show  that 
said  Fund  amounted  to  some  ninety-six  thousand  dollars  on  January 
llth  last.  And  by  January  llth  next  will  amount  to  some  hundred 
thousand  dollars. — J.  A.  C. 


215 

Surrogates'  Court  of  the  County  of  New  York,  to  which  court  juris 
diction  in  that  behalf  appertained,  and  letters  testamentary  under 
said  will  were  duly  issued  by  the  said  Surrogates'  Court  to  the  execu 
tors  named  therein.  Thereafter,  in  accordance  with  the  provisions 
of  said  will  in  that  behalf,  other  executors  thereof  were  duly  appointed 
and  have  acted  as  such,  including  the  defendants  James  R.  Roosevelt 
and  Douglas  Robinson,  who  are  the  only  surviving  executors  of  said 


Fourteenth.  The  Attorney  General  of  the  State  of  New  York  is 
made  a  party  to  this  action  as  representing  the  beneficiaries  of  said 
trust,  pursuant  to  the  provisions  of  Section  12  of  the  Personal  Prop 
erty  Law;  and  the  contributors  and  the  representatives  of  the  deceased 
contributors  to  said  fund  are  made  parties  hereto  for  the  purpose  of 
determining  their  rights,  if  any,  in  the  said  fund  and  the  moneys  de 
rived  therefrom,  in  the  event  that  the  said  trust  shall  not  be  declared, 
established  or  enforced. 

Fifteenth.  The  said  defendant  Bankers  Trust  Company  has  re 
cently  called  the  attention  of  the  plaintiff  to  the  fact  that  the  interest 
on  the  moneys  deposited  with  it  as  aforesaid  is  accumulating,  and  that 
no  person  claims  the  right  to  withdraw  the  said  deposits,  and  has 
stated  to  the  plaintiff  that  if  he  would  not  bring  an  action  for  the 
appointment  of  a  trustee  or  trustees  authorized  to  receive  the  said 
deposits,  the  said  Trust  Company  would  itself  institute  an  action  or 
proceeding  for  the  appointment  of  a  trustee  of  the  moneys  due  upon 
the  said  account.  The  plaintiff  herein,  as  Committee  as  aforesaid,  has 
annually  filed  as  required  by  law  his  inventory  and  account  in  the 
office  of  the  Clerk  of  the  County  of  New  York,  and  has  included  in 
said  account  a  brief  statement  in  respect  to  said  "Paris  Prize  Fund," 
and  a  statement  of  the  sum  received  by  him  and  deposited  with  The 
Farmers'  Loan  and  Trust  Company  as  aforesaid.  Pursuant  to  an 
order  of  the  Presiding  Justice  of  the  Appellate  Division  of  the  Supreme 
Court,  First  Department,  dated  February  28,  1911,  and  filed  in  the 
office  of  the  Clerk  of  said  Appellate  Division  on  March  3,  1911,  by 
which  order  Lyttleton  Fox,  Esq.,  was  appointed  Referee  to  examine 
the  inventories  and  accounts  filed  or  required  to  be  filed  in  the  office 
of  the  Clerk  of  the  County  of  New  York,  in  accordance  with  Section 
2341  of  the  Code  of  Civil  Procedure,  by  the  Committees  of  the  person 
and  property  of  incompetent  persons,  since  the  first  day  of  February, 
1910,  and  whereby  he  was  also  directed  to  examine  the  inventories 
and  accounts  of  such  Committees  filed  or  required  to  be  filed  during 
the  month  of  January  in  each  year  subsequent  to  the  year  1898,  in 
the  said  County  Clerk's  office  which  had  not  previously  been  examined 
or  judicially  settled,  and  to  make  his  report  upon  said  inventories 
and  accounts  with  his  opinion  in  each  case,  the  said  Referee,  after 
a  hearing  upon  and  examination  of  the  accounts  of  the  plaintiff  as 
such  Committee  so  filed  as  aforesaid  on  January  31,  1910,  and  on 
January  31,  1911,  covering  the  period  from  January  30,  1909,  to  Janu- 


216 

ary  31,  1911,  by  his  report  dated  December  27,  1911,  reported,  among 
other  things,  that  the  plaintiff  herein,  as  Committee  as  aforesaid 
"should  be  directed  to  take  such  immediate  steps  as  he  shall  be  advised 
by  counsel  as  proper  and  necessary  for  the  purpose  of  ascertaining 
the  rights  of  the  incompetent  in  the  fund  heretofore  mentioned  and 
described  as  the  'Paris  Prize  Fund,'  and  in  the  income  thereof,  and 
of  reducing  to  possession  such  part,  if  any,  of  such  fund  and  the  in 
come  thereof,  as  shall  be  found  to  belong  to  the  incompetent";  and 
by  order  of  the  said  Presiding  Justice  of  said  Appellate  Division,  dated 
June  24,  1912,  and  filed  in  the  office  of  the  Clerk  of  said  Appellate 
Division  on  June  25,  1912,  the  said  report  of  said  Referee  was  in  all 
respects  confirmed.  The  said  fund  and  deposits  and  the  dividends 
due  as  aforesaid  have  for  a  long  time  been  accumulating  without  use 
either  to  the  contributors  or  to  the  intended  beneficiaries,  and  an 
action  or  proceeding  such  as  is  contemplated  by  the  Bankers  Trust 
Company  for  the  appointment  of  a  trustee  of  only  such  part  of  the 
moneys  as  is  deposited  with  said  company,  would  not  fully  determine 
the  rights  of  the  said  contributors,  nor  the  rights,  powers  and  duties 
of  the  plaintiff  as  Committee  in  respect  to  the  said  fund  and  income. 
The  plaintiff  has  advised  with  counsel  as  directed  by  said  Referee's 
report  and  the  said  order  confirming  the  same,  and  he  has  been 
advised  that  the  said  trust  is  probably  valid  as  a  charitable  trust,  and 
that  in  order  to  determine  the  interest,  if  any,  of  the  said  incompetent, 
and  his  own  rights,  powers  and  duties  as  Committee,  in  the  premises, 
he  should  institute  this  action  for  the  purpose  of  having  the  said 
trust  established  and  enforced,  if  the  same  is  enforcible,  and  of  deter 
mining  the  respective  rights,  if  any,  of  the  parties  hereto,  in  the 
premises. 

Wherefore,  the  plaintiff  demands  judgment  that  the  said  trust  be 
judicially  declared,  established  and  enforced  in  accordance  with  the 
aforesaid  declaration  of  trust,  or,  with  the  consent  of  the  survivors 
of  the  said  contributors,  in  such  manner  as  in  the  judgment  of  the 
Court  will  most  effectually  accomplish  the  general  purpose  for  which 
the  said  contributions  were  made,  and  that  a  trustee  or  trustees  of 
said  trust  be  appointed,  with  power  and  authority  to  execute  the  said 
trust  and  to  receive,  collect  and  hold  the  said  fund,  deposits,  stock, 
bonds,  and  the  moneys  and  interest  derived  therefrom  and  due  thereon 
as  aforesaid,  and  that  title  thereto  be  vested  in  the  said  trustee  or 
trustees  subject  to  the  trust  as  so  declared;  and  that  the  said  trustee 
or  trustees  be  authorized,  empowered  and  directed,  if  and  when  he 
or  they  shall  deem  it  advisable,  to  cause  a  corporation  to  be  formed 
under  the  Membership  Corporations  Law  for  the  purpose  of  exe 
cuting  said  trust  and  for  that  purpose  to  select  five  or  more  per 
sons  to  become  incorporators  of  such  corporation,  who  shall  make, 
acknowledge  and  file  a  certificate  of  incorporation  thereof,  according 
to  the  provisions  of  law  in  that  behalf,  such  certificate  not  to  be 
filed  without  the  written  approval  of  a  justice  of  this  Court  en- 


217 

dorsed  thereupon  or  annexed  thereto,  and  to  convey,  transfer  and 
deliver  the  said  trust  property  to  such  corporation;  or  if  the  said 
trust  be  not  so  established  and  enforced,  that  the  rights  of  the  parties 
hereto  in  and  to  the  said  fund  and  moneys,  and  the  rights,  powers 
and  duties  of  the  plaintiff  as  Committee  as  aforesaid  in  respect  thereto, 
be  determined,  declared  and  adjudged;  that  the  costs  of  the  plaintiff 
in  this  action  be  paid  out  of  the  said  fund,  and  that  the  plaintiff  have 
such  other  or  further  judgment,  order  or  relief  in  the  premises  as  to 
the  Court  may  seem  meet. 

EVARTS,  CHOATE  &  SHERMAN, 

Attorneys  for  Plaintiff. 

STATE  OF  NEW  YOBK,          | 
County  of  New  York,     $    ss" 

Thomas  T.  Sherman,  being  duly  sworn,  deposes  and  says:  that 
he  is  the  plaintiff  in  the  above-entitled  action;  that  he  has  read  the 
foregoing  complaint  and  knows  the  contents  thereof,  and  that  the 
same  is  true  to  his  own  knowledge,  except  as  to  the  matters  therein 
stated  to  be  alleged  on  information  and  belief,  and  that  as  to  those 
matters  he  believes  it  to  be  true. 

THOS.  T.  SHERMAN. 

Sworn  to  before  me  this  | 

8th   day    of   April,    1915.         $ 

WM.   R.  MONTGOMERY, 
Notary  Public,  Queens  County, 
Certificate  filed  in  New  York  County. 


EVARTS,   CHOATE   &   SHERMAN.  JOSEPH   H.   CHOATE, 

Allen  W.  Evarts,  Counsel. 

Thomas  T.  Sherman, 
Herbert   J.   Bickford, 
Joseph  H.  Choate,  Jr. 
Cable  Address  "Evarts,"  New  York. 
Telephone  6890  Hanover. 

60   WALL    STREET,    NEW    YORK, 

April  5,  1915. 

John  Armstrong  Chaloner,  Esq., 
Merry  Mills, 

Cobham,  Virginia. 
Dear  Mr.  Chaloner:  — 

I  have  your  letter  of  March  19th  and  will  return  the  enclosures 
in  a  short  time. 


218 

I  think  you  have  misunderstood  the  situation.  As  you  will  see 
from  the  complaint,  a  copy  of  which  I  enclose,  the  sole  purpose  of  the 
suit  is  to  secure  the  carrying  out  of  your  plan  as  originally  stated 
by  you. 

I  note  that  you  consider  the  present  an  inappropriate  time  for 
this  proceeding  but  for  the  reasons  stated  in  my  letter  of  February 
8th  to  Mr.  Money.t  it  is  necessary  to  proceed  within  a  short  time. 

I  have  also  considered  your  suggestion  that  the  Court  be  asked 
to  order  the  Bankers  Trust  Company  to  turn  the  money  over  to  the 
United  States  Trust  Company  to  be  held  with  the  rest  of  the  fund.  1 
am  satisfied,  however,  that  this  could  not  be  done  in  such  a  manner  as 
to  dispose  of  the  objections  of  the  Bankers  Trust  Company. 

Yours  very  truly, 

JOSEPH  H.  CHOATE,  JR. 
J.  H.  C.,  JR. 

(Copy.) 

I 


tThe  member  of  our  office  force  above  referred  to  as  having  been, 
written  to — in  the  premises — by  Joseph  H.  Choate,  Jr. 


BRER  FOX  AND  BRER 
RABBIT/' 


An  examination  of  the  above  two  interesting  documents  sheds  a 
bright  light  upon  the  dark  lantern  methods  of  Messrs.  Thomas  T. 
Sherman  and  his  eminent  legal  adviser,  Joseph  H.  Choate,  Jr. 

We  shall  first  consider  the  Complaint. 

The  first  thing  that  strikes  the  observer  therein,  is  that  the  actual 
value  of  the  Morris  and  Essex  stock  is  disguised,  bp  giving  in  its  place 
the  par  value  thereof — which  par  value  is  some  nine  thousand  dollars 
~below  its  actual  value.  This,  naturally  indicates  a  desire  upon  the 
part  of  Messrs.  Sherman  and  Choate  to  avoid  stating  the  really  form 
idable  sum  represented  by  the  Paris  Prize — which  sum  is  jeopardized 
by  their  aforesaid  nefarious  methods  in  the  premises. 

Furthermore  said  conclusion  is  strengthened  by  the  fact  that  said 
gentlemen  studiously  avoid  stating  the  total  value  of  the  Prize  which 
is — or  will  in  six  months — by  which  time  the  interest  thereon  will  have 
accrued,  thus  be  worth  some  one  hundred  thousand  dollars. 

The  next  thing  that  strikes  the  observer  is  that  Messrs.  Sherman 
and  Choate  make  haste  to  feather  their  nests  at  the  very  inception  of 
said  nefarious  game,  by  the  following  statement — page  217  of  said 
complaint — to  wit:  "that  the  costs  of  the  plaintiff  in  this  action  be 
paid  out  of  the  said  fund." 

This  means  a  fat  fee  to  Joseph  H.  Choate,  Jr. — a  fee  anywhere, 
presumably,  from  one  thousand  dollars  up — for  bringing  this  nefarious 
"strike"  suit. 

The  last  thing  that  strikes  the  observer  is  that  even  Sherman 
and  Choate  admit  that  the  Paris  Prize  is  a  creditable  performance 
upon  the  part  of  "Who's  Looney  Now?" 

It  may  not  be  out  of  place  to  observe  that  the  "Paris  Prize" 
concours  (or  competitions)  described  on  pages  five  and  six  of  said 
Complaint — was  conceived  and  committed  to  print  in  the  month  of 
December,  1896,  by  "Who's  Looney  Now?"  whereas  this  farcical  con 
spiracy  upon  the  part  of  the  Chanler  family  to  make  out  "Who's 
Looney  Now?"  an  "incompetent"  by  reason  of  hopeless  lunacy,  states 
in  its  Commitment  Papers  that  "Who's  Looney  Now?"  began  to  be 
"looney'  in  November,  1896. 

In  closing  the  examination  of  the  Complaint  we  shall  draw  the 
attention  of  the  Newspapers  to  the  salient  fact,  that  this  diabolical 
plot  against  the  liberty,  property,  and  happiness  of  an  indisputably 
sane  man — on  the  record  of  the  conspirators — on  the  record  of  the 


220 

Proceedings  brought  by  them  in  the  New  York  Supreme  Court — which 
shows  that  the  charges  against  the  sanity  of  the  plaintiff  in  Chaloner 
against  Sherman  were  perjured — and  who  merely  hang  on  to  his  prop 
erty  in  the  desperate  hope  to  win  out  on  a  flimsy,  transparent,  discred 
itable  legal  technicality — we  shall  draw  the  attention  of  the  press  to 
the  salient  fact  that  this  plot  has  not  only  cost  an  upright — and  on 
his  record — as  the  Founder  of  a  hundred  thousand  dollar  Art  Educa 
tional  Scholarship — that  this  plot  has  not  only  robbed  an  upright 
and  public-spirited  citizen  of — going  on — nineteen  years  of  the  enjoy 
ment  of  his  good  name  and  that  of  his  large  property — but  that  this 
diabolical  and  sordid  plot  has  robbed  Art  Education  in  the  metropolis 
of  this  country — in  which  Education  is  the  national  aim — of  thousands 
of  dollars  for  years  and  years. 

The  reason  is  not  far  to  seek. 

It  was  to  the  obvious  advantage  of  the  conspirators  and  their 
legal  allies  to  sink  from  public  view  anything  which  could  redouna 
to  the  credit  of  "Who's  Looney  Now?"  Therefore— though  there  were 
thousands  of  dollars  rolling  up  as  income  from  the  corpus  of  the  Paris 
Prize  Fund,  and  though  the  scheme  for  the  practical  working  thereof 
had  sent  two  Paris  Prizemen — each  for  five  years — one  after  the 
other — to  Paris — and  was  in  full  working  order — yet  and  nevertheless 
the  machinery  of  the  Paris  Prize  was  relentlessly  clogged  and  shut 
down  by  the  malevolent  parties  having  control  of  the  person  and 
estate  of  "Who's  Looney  Now?"  by  grace  of  the  learned  and  enlightened 
courts  of  New  York. 

Turning  now  to  the  examination  of  said  letter  from  Mr.  Joseph  H. 
Choate,  Jr. 

We  regret  to  have  to  state  that  "for  ways  that  are  dark,  and  for 
tricks  that  are  vain,  the  heathen  (Joe  Choate)  is  peculiar." 

The  same  we  shall  straightway  explain. 

He  starts  off,  in  said  letter,  with  a  most  brazen  false-statement,  to 
begin  with. 

He  has  the  gall  to  say  to  a  lawyer:  "I  think  you  have  misunder 
stood  the  situation.  As  you  will  see  from  the  Complaint — the  sole 
purpose  of  the  suit  is  to  secure  the  carrying  out  of  your  plan  as 
originally  stated  by  you." 

If  the  reader  will  now  turn  to  the  top  of  page  217  of  said 
Complaint,  he  will  find  the  following  sinister  words  staring  him  in 
the  face.  To  wit:  "or  if  the  said  trust  be  not  so  established  and 
enforced,  that  the  rights  of  the  parties  hereto  in  and  to  the  said  fund 
and  moneys,  and  the  rights,  powers  and  duties  of  the  plaintiff  as  com 
mittee  as  aforesaid  in  respect  thereto,  be  determined,  declared  and 
adjudged." 

Being  interpreted  said  Delphic  utterance  means — in  the  identical 
language  of  Mr.  Joseph  H.  Choate,  Jr.,  himself  as  set  forth  in  his  said 
letter  to  Mr.  Money — of  our  office — under  date  February  8,  1915 — "its 
return  to  the  subscribers.'' 


221 

It  is  an  old  and  revered  proverb  which  says — "a  liar  should  have 
a  good  memory.''  Evidently  a  powerful  memory  is  not  to  be  found 
among  Mr.  Joseph  H.  Choate,  Jr's  mental  assets.  For  •  how  otherwise 
could  he  have  the  gall  to  say — as  he  does — "the  sole  purpose  of  the 
suit  is  to  secure  the  carrying  out  of  your  plan  as  originally  stated  by 
you" — when,  only  two  short  months  prior  thereto,  he  had  been  frank 
to  say  in  said  letter  to  Mr.  Money:  "In  such  an  action  the  court  can 
dispose  of  the  Fund — by  directing  its  return  to  the  subscribers."  In 
a  word — by  its  total  and  complete  destruction!  Comment  would  be  a 
work  of  supererogation. 

"Who's  Looney  Now?"  being  a  lawyer,  at  once  penetrated  the 
dangers  surrounding  the  work — now  a  quarter  of  a  century  old — of 
his  hands;  and  straightway  wrote  the  long — and  sufficiently  frank — 
letter  to  Mr.  Joseph  H.  Choate,  Jr.,  given  above,  pointing  out  said 
dangers. 

But  when  it  is  borne  in  mind  that  Mr.  Sherman  claims — as  afore 
said — in  said  brief  that  "Who's  Looney  Now's?"  property  vests  in  Mm 
— Sherman — in  other  and  less  technical  words — becomes  the  property 
of  Mr.  Sherman — a  bright  light  is  immediately  shed  upon  the  said 
dark  lantern  methods  of  Messrs.  Sherman  and  Choate  anent  the  Paris 
Prize. 

For  "Who's  Looney  Now's?"  subscription  thereto — as  aforesaid — 
now  amounts  to  the  formidable  sum  of  some  seventy-five  thousand 
dollars;  which  seventy-five  thousand  dollars — upon  its  "return  to  the 
subscribers" — as  engagingly  frankly  outlined  by  Mr.  Choate — which 
seventy-five  thousand  dollars  would  revert  to  Mr.  Sherman  upon  his 
charming  hypothesis  aforesaid  that  all  "Who's  Looney  Now's?"  prop 
erty  vests  in  him — Mr.  Sherman! 

Mr.  Choate  continues.  "I  note  that  you  consider  the  present  an 
inappropriate  time  for  this  proceeding,  but  for  the  reasons  stated  in 
my  letter  of  February  8th  to  Mr.  Money,  it  is  necessary  to  proceed 
within  a  short  time." 

How  redolent  said  sentences  is  of  guile!     It  fairly  reeks  therewith. 

In  our  said  letter  to  Mr.  Choate  it  was  not  the  time  of  bringing 
before  the  court  the  question  of  saying  where  the  said  income-incre 
ment  held  by  the  Bankers  Trust  Company  should  go,  that  exercised 
us;  but  the  manner  in  which  said  question  was  put  before  the  court. 
Not  the  settling  of  that  subsidiary  and  insignificant  side  issue — 
subsidiary  and  insignificant  when  the  amount  involved  is  compared 
with  the  amount  originally  placed  by  ourselves  in  the  United  States 
Trust  Company — not  that,  but  the  criminally  culpable  act  of  jeopard 
izing  the  very  existence  of  the  hundred  thousand  dollar  Paris  Prize 
Fund,  by  the  manner;  in  which  a  question  regarding  the  disposal  of 
some  ten  thousand  or  more  dollars  of  its  income  was  wittingly,  wil 
fully — and  after  full  and  fair  warning  of  the  dangers  accruing  to  the 
Fund  thereby — had  been  duly  given  in  our  above  letter  to  Mr.  Choate — 
was  allowed  to  go  before  the  court. 


222 

Mr.  Choate  concludes  his  interesting  epistle  as  follows:  "I  have 
also  considered  your  suggestion  that  the  Court  be  asked  to  order  the 
Bankers  Trust.  Company  to  turn  the  money  over  to  the  United  States 
Trust  Company  to  be  held  with  the  rest  of  the  Fund.  I  am  satisfied, 
however,  that  this  could  not  be  done  in  such  a  manner  as  to  dispose 
of  the  objections  of  the  Bankers  Trust  Company." 

All  we  have  to  say  in  reply  to  that  amazing  statement  is  that  if 
Mr.  Choate  is  so  satisfied,  no  honest  and  learned  lawyer  cognizant  of 
the  facts  at  issue  could  be,  what  earthly  objections  could  the  Bank 
ers  Trust  Company — or  any  honest  Trust  Company — possibly,  rightly, 
have  to  returning  an  income-account  to  the  keeping  of  the  Trust  Com 
pany  which  for  years — twenty-five  years,  no  less — had  guarded  the 
parent  Fund,  from  which  said  interest  account  had  sprung,  as  faith 
fully  and  well  as  had  the  United  States  Trust  Company? 

Certainly  no  objection — unless  said  Bankers  Trust  Company  in 
tended  to  hang  onto  the  said  interest-increment  account,  possibly 
until  it  absorbed  the  United  States  Trust  Company,  as  it  had  ab 
sorbed  the  Trust  Company  originally  holding  said  interest-increment 
account.  Which — when  one  bears  in  mind  the  age,  wealth,  and  deserved 
fame  of  the  United  States  Trust  Company — when  weighed  with  that 
of  the  Bankers  Trust  Company — strikes  us  as  about  as  likely  as  that 
the  tail  should  absorb  the  dog. 

We  are  forced  to  the  conclusion — bearing  in  mind  all  the  unscrupu 
lous  acts  of  Messrs.  Choate  and  Sherman  in  their  long  career  of  ques 
tionable  practice — to  use  no  harsher  term — to  blacken  the  character 
of  "Who's  Looney  Now?"  in  the  eyes  of  the  public,  in  order  that  they 
may  avenge  themselves  on  him  for  showing  them  up  in  "Four  Years 
Behind  The  Bars" — avenge  "Bloomingdale"  on  him  for  the  same 
cause — and,  lastly,  hang  onto  his  million  and  a  half,  and  shave  four 
thousand  dollars  therefrom  annually — not  counting  extra  fees,  com 
missions,  legal  fees,  et  cetera,  and  so  forth — we  are  forced  to  the 
inevitable  conclusion,  that  said  suit  is  nothing  more  than  a  suit  en 
gineered  by  Messrs.  Choate  and  Sherman,  who  have  induced — by  what 
means  we  know  not — the  said  Bankers  Trust  Company  to  threaten  to 
bring  a  suit  disastrous  in  its  consequences  as  aforesaid — to  the  wel 
fare — the  very  life — of  the  Paris  Prize.  For  two  reasons. 

First.  For  the  reason  of  avarice.  For  the  reason  set  forth  above 
that  they  claim  that  "Who's  Looney  Now's?"  property  belongs  to  Mr. 
Sherman,  and  by  said  "strike"  suit  the  Paris  Prize  may  be  destroyed 
and  some  seventy-five  thousand  dollars  turned  into  the  yawning  pock 
ets  of  Mr.  Thomas  T.  Sherman. 

Second.  For  reasons  of  spite.  They  know  that  their  days  are 
numbered — now  that  the  appeal  in  Chaloner  against  Sherman  is  filed 
in  the  Supreme  Court  of  the  United  States — as  "custodians"  of  "Who's 
Looney  Now's?"  million  and  a  half.  They  know — for  we  have  been 
at  pains  to  show  them  in  our  brief — that  the  United  States  Supreme 
Court  has  decided  in  Windsor  versus  McVeigh,  United  States  Reports, 


223 

9S — in  which  decision  the  great  civil  war  Chief  Justice — Chief  Justice 
Waite  concurred — as  well  as  in  Simon  versus  Craft,  United  States 
Reports,  182,  in  which  case  the  opinion  of  the  court  was  written  by 
the  present  Mr.  Chief  Justice  White,  before  he  became  Chief  Justice, 
that  it  was  decided  specifically  that  notice  of  the  proceedings  against 
a  party  to  a  suit,  as  well  as  opportunity  to  appear  and  be  heard  in 
defence  to  the  same,  were  absolutely  and  unequivocally  essential  to  due 
process  of  law.  The  language  of  the  court  in  the  former  suit  was — 
pages  277-8  "Until  notice  is  given,  the  court  has  no  jurisdiction  in  any 
case  to  proceed  to  judgment,  whatever  its  authority  may  be,  by  the 
law  of  its  organization,  over  the  subject  matter.  But  notice  is  only 
for  the  purpose  of  affording  the  party  an  opportunity  of  being  heard 
upon  the  claim  or  the  charges  made.  It  is  a  summons  to  him  to  ap 
pear  and  to  speak,  if  he  has  anything  to  say,  why  judgment  sought 
should  not  be  rendered.  A  denial  to  a  party  of  the  benefit  of  a  notice 
would  be  in  effect  to  deny  that  he  is  entitled  to  notice  at  all,  and  the 
sham  and  deceptive  proceedings  had  better  be  omitted  altogether." 
And  again  at  page  278:  "The  law  is  and  always  has  been  that  when 
ever  notice  or  citation  is  required  the  party  cited  has  the  right  to 
appear  and  be  heard;  and  when  the  latter  is  denied  (note  the  dis 
tinction  between  notice  and  opportunity)  the  former  is  ineffectual  for 
any  purpose.  The  denial  to  a  party  in  such  a  case  of  a  right  to  appear 
is  in  legal  effect  the  recall  of  the  citation  to  him." 

In  Simon  versus  Graft  aforesaid,  the  court  said,  "The  essential 
elements  of  due  process  of  law  are  notice,  and  opportunity  to  defend." 

Now  the  Commitment  Papers — on  file  in  the  New  York  Supreme 
Court — show  that  in  the  Committing  Proceedings,  when  the  plaintiff 
in  Chaloner  against  Sherman  was  arrested  in  1897  and  imprisoned  in 
"Bloomingdale" — specifically  state  on  their  face  that  no  notice  of  said 
Proceedings  was  given  said  plaintiff. 

The  reason  given  being  that  he  was  so  dangerous  an  individual 
that  notice  to  him  would  be  accompanied  by  grave  danger! 

Now  the  record  of  the  Proceedings  in  1899  before  a  Commission 
In  Lunacy  and  Sheriff's  Jury — also  on  file  in  the  same  court — shows 
that  the  plaintiff  in  Chaloner  against  Sherman  was  in  bed  with  an 
affectation  of  the  spine  at  the  time  of  said  Proceedings — had  been  in 
bed  with  the  same  trouble  for  three  weeks  previous  thereto  and  had 
sent  word  to  said  Commission  and  Sheriff's  Jury — by  Dr.  Samuel  B. 
Lyon — the  medical  Superintendent  of  "Bloomingdale"  at  said  time — 
that  he  was  unable  to  be  present  at  said  Proceedings  owing  to  his  said 
illness. 

In  spite  of  which,  said  Commission  and  said  Jury  went  right  ahead 
and — although  the  liberty  and  happiness  of  a  law-abiding  citizen  was 
at  stake — to  say  nothing  of  hundreds  of  thousands  of  dollars  of  valu 
able  real  estate — said  Commission  and  said  Jury  rushed  the  Proceed 
ings  through  inside  of  about  an  honr  and  a  half,  and  imprisoned  the 
plaintiff  for  life  without  the  least  opportunity — as  above  indicated — to 
appear  and  be  heard. 


224 

Lastly.  There  is  a  third  leading  United  States  Supreme  Court 
case  that  has  an  important  bearing  upon  the  interesting  case  of 
Chaloner  against  Sherman. 

Said  case  is  known  as  the  United  States  appt.  versus  Throckmor- 
ton.  United  States  Reports  98  (October  term  1878):  "Mr.  Justice 
Miller  said:  There  is  no  question  of  the  general  doctrine  that  fraud 
vitiates  the  most  solemn  contracts,  documents  and  even  judgments — 
in  cases  where,  by  reason  of  something  done  by  the  successful  party  to 
a  suit,  there  was,  in  fact,  no  adversary  trial  or  decision  of  the  issue 
in  the  case.  Where  the  unsuccessful  party  has  been  prevented  from 
exhibiting  fully  liis  case,  by  fraud  or  deception  practised  on  him  by 
his  opponent,  as  by  keeping  him  away  from  court,  a  false  promise  of 
a  compromise;  or  where  the  defendant  never  had  knowledge  of  the 
suit,  being  kept  in  ignorance  by  the  acts  of  the  plaintiff; — these,  and 
similar  cases  which  show  that  there  has  never  been  a  real  contest  in 
the  trial  of  hearing  of  the  case,  are  reasons  for  which  a  new  suit  may 
be  sustained  to  set  aside  and  annul  the  former  judgment  or  decree, 
and  open  the  case  for  a  new  and  a  fair  hearing.  In  all  these  cases 
and  many  others  which  have  been  examined,  relief  has  been  granted, 
on  the  grounds  that,  by  some  fraud  practised  directly  upon  the  party 
seeking  relief  against  the  judgment  or  decree,  that  party  has  been 
prevented  from  presenting  all  of  his  case  to  the  court.  On  the  otQer 
hand,  the  doctrine  is  equally  well  settled  that  the  court  will  not  set 
aside  a  judgment  because  it  was  founded  on  a  fraudulent  instrument, 
or  perjured  evidence,  or  for  any  matter  which  was  actually  presented 
and  considered  in  the  judgment  assailed.  Mr.  Wells,  in  his  very  useful 
work  on  Rex  Adjndicata,  says,  sec.  499:  "Fraud  vitiates  everything,  and 
a  judgment,  equally  with  a  contract;  that  is,  a  judgment  obtained  di 
rectly  by  fraud' — The  principle  and  the  distinction  here  taken  was  laid 
down  as  long  ago  as  the  year  1702  by  the  Lord  Keeper  in  the  High 
Court  of  Chancery,  in  the  case  of  Tovey  v.  Young,  Proc.  in  Ch.,  193. 
This  was  a  bill  in  chancery  brought  by  an  unsuccessful  party  to  a 
suit  at  law,  for  a  new  trial,  which  was  at  that  time  a  very  common 
mode  of  obtaining  a  new  trial.  One  of  the  grounds  of  the  bill  was, 
that  complainant  had  discovered  since  the  trial  was  had  that  the  prin 
cipal  witness  against  him  was  a  partner  in  interest  with  the  other 
side. 

The  Lord  Keeper  said:  "New  matter  may  in  some  cases  be  ground 
for  relief;  but  it  must  not  be  what  was  tried  before;  nor,  when  it  con 
sists  in  swearing  only,  will  I  ever  grant  a  new  trial,  unless  it  appears 
by  deed,  or  writing,  or  that  a  witness,  on  whose  testimony  the  verdict 
was  given,  were  convict  of  perjury."  As  is  conclusively  proved  by  the 
originator  of  the  said  principle — namely  the  Lord  Keeper — the  perjury 
of  a  witness  "on  whose  testimony  the  verdict  was  given"  must  be  dis 
covered  and  charged  not  during  but  after  the  said  trial. 

In  other  words,  the  perjury  must  not  have  been  known  to  be  per 
jury — and  as  perjury — to  have  been  considered  by  the  court  during 
said  trial.  The  perjured  witness — in  a  word — gives  his  perjured  testi- 


225 

mony,  upon  which  "the  verdict  was  given,"  without  either  the  Court 
or  the  other  side  knowing  at  the  time  of  the  trial  that  same  was  per 
jured.  Thereafter  said  discovery  is  made,  and  a  new  trial  granted  on 
the  strength  of  the  newly  discovered  perjury. 

Mr.  Choate  attempts  to  show  by  this  very  case  of  United  States 
vs.  Throckmorton  that  provided  a  witness  has  perjured  himself  in  a 
given  trial — and  no  matter  that  neither  the  other  side,  nor  the  court, 
knew  at  the  time  of  said  trial  that  said  witness  was  a  perjured  witness, 
yet  nevertheless  because  the  witness  gave  his  said  perjured  testimony 
as  aforesaid  at  said  trial,  that  therefore  the  question  of  the  perjury  of 
said  witness  was  ipso  facto  necessarily  "actually  presented  and  consid 
ered"  in  said  trial  as  perjury.  Whereas,  the  truth  is,  the  direct  antithe 
sis  thereof!  Namely:  That  said  perjury,  not  having  been  discovered  at 
the  time  of  said  trial,  it  could  not  have  been  "presented"  at  said  trial. 
Not  having  been  "presented"  it  necessarily  could  not  have  been  "con 
sidered" 

And  although  neither  the  court  nor  the  other  side  knew  at  the 
time  of  said  trial  that  it  was  perjury:  that  therefore  when — after  said 
trial — a;  new  trial  is  sought  upon  the  ground — upon  the  totally  new 
Question — of  the  perjury  of  said  witness — that  a  new  trial  cannot  be 
granted  because  the  said  perjury — although  unknown  and  unhinted  at 
at  saidl  trial — "was  actually  presented  and  considered"  at  said  trial! 
when — in  truth — it  had  been  neither  one  nor  the  OTHER. 

In  other  words — according  to  the  mighty  legal  mental  processes 
of  Mr.  Joseph  H.  Choate,  Jr. — if  a  perjured  witness — unbeknown  to  the 
court  and  other  side — perjures  himself  at  a  given  trial  and  "gets  away 
with  it" — gets  the  court  and  other  side  to  believe  it — that  therefore — 
thereafter — when  the  other  side  catches  up  with  the  perjurer,  and 
moves  for  a  new  trial — that — because  the  perjurer  has — unbeknown  to 
the  court  and  other  side — perjured  himself  successfully — which  is  to 
say,  of  course,  without  being  caught — that — according  to  Mr.  Choate — 
when  said  perjurer  is  "caught  with  the  goods" — his  crooked  and  slick 
work — when  discovered — cannot  be  taken  into  consideration  by  the 
court — cannot  be  "considered"! 

Let  us  hear  Mr.  Choate  speak  for  himself  on  this  interesting  and 
elevating  subject.  We  cite  from  page  eleven  of  his  brief,  in  Chaloner 
against  Sherman,  to  the  United  States  Circuit  Court  of  Appeals  for  the 
Southern  District  of  New  York — New  York  City. 

"An  examination  of  the  offers  of  evidence  made  by  the  plaintiff- 
in-error,  the  questions  asked  and  excluded,  and,  indeed,  of  the  excluded 
evidence  itself,  as  it  appears  in  the  depositions  which  were  marked 
for  identification,  will  show  that  the  alleged  fraud  complained  of  con 
sisted  in  the  giving  of  testimony,  alleged  to  be  false,  in  the  affidavits. 
upon  which  the  commitment  was  had  (in  1897)  and  in  the  evidence 
upon  which  the  plaintiff  was  adjudged  incompetent  in  1899.  The  al 
leged  conspiracy  appears  to  have  been  a  conspiracy  of  the  relatives  of 
the  plaintiff-in-error  to  deceive  the  Court  by  such  perjury  into  deciding 


226 

as  it  did  decide.  Such  fraud,  however,  if  proved,  is  no  basis  for  a 
collateral  attack  upon  an  adjudication.  The  question  whether  the  testi- 
money,  given  in  support  of  one  side  of  the  case,  is  or  is  not  true,  is  one 
of  the  questions  necessarily  adjudged  in  every  litigation.  In  the  case 
at  bar  the  question  whether  the  alleged  perjurious  testimony  v,as  true 
was  necessarily  adjudged  by  the  Supreme  Court  of  the  State  of  New 
York  in  finding  the  plaintiff-in-error  incompetent.  This  Court  could 
not  determine  whether  or  not  the  testimony  in  question  was  perjured 
without  trying  over  again  the  very  same  issue  which  the  New  York 
Supreme  Court  decided  when  it  made  the  order  complained  of.  In 
accordance  with  these  principles  it  is  well  settled  that  the  fact  that  a 
judgment  is  procured  by  false  testimony  does  not  open  it  to  collateral 
attack.  U.  8.  v.  Throckmorton,  98  U.  S.,  61." 

To  conclude.  The  perjury  of  Mr.  Winthrop  Astor  Chanler  in  the 
Commitment  Proceedings  in  1897,  aforesaid,  is  proved  upon  him  in 
the  cross-examination  of  that  gentleman,  by  onr  counsel,  in  a  Deposi 
tion  de  bene  esse  given  by  -Mr.  Winthrop  Astor  Chanler  in  or  about 
November,  1905 — on  file  in  the  New  York  Supreme  Court. 

Said  gentleman  swore  in  said  Commitment  Proceedings — said 
Commitment  Papers — that  he  had  heard  and  seen  the  plaintiff  in  Chat- 
oner  against  Sherman  say  and  do  irrational  things  at  the  said  plaintiff's 
home  in  Virginia.  Upon  the  strength  of  which  false  oath  "the  verdict 
was  given,"  and  the  plaintiff  lost  his  liberty  and  the  control  of,  and 
enjoyment  of  his  property  for  years  and  years.  Whereas  in  said 
Proceedings  in  1905,  de  bene  esse,  said  gentleman  admitted  on  the 
stand — under  cross-examination — that  he  had  never  in  his  life  been 
at,  or  in,  said  home  of  said  plaintiff  in  Virginia! 

The  said  leading  cases  of  Windsor  versus  McVeigh;  Simon  versus 
Craft;  and  United  States  versus  Throckmorton ;  therefore  fit  like  a 
glove  Chaloner  against  Sherman. 

The  first  two  prove  that  "notice,"  and  "opportunity,"  are  essential 
to  due  process  of  law. 

The  Commitment  Papers  show  on  their  face  that  the  plaintiff  had 
no  "notice,"  in  said  Proceedings  in  1897. 

The  Record  in  the  New  York  Supreme  Court  shows,  on  its  face, 
that  the  plaintiff  was  physically  incapacitated — was  in  bed  with  spinal 
trouble  when  the  1899  Proceedings  were  brought,  and  had  been  for 
three  weeks  before  the  1899  Proceedings  were  brought — was  incapaci 
tated  from  taking  a  forty  mile  railway  journey — twenty  miles  to  New 
York  and  twenty  miles  back  to  White  Plains  where  "Bloomingdale" 
is — to  said  Proceedings,  before  the  Commission-In-Lunacy  and  Sheriffs 
Jury  in  1899.  Or,  in  other  words,  did  not  have  an  "opportunity,"  to 
appear  and  be  heard — owing  to  illness — at  said  Proceedings. 

The  third  proves:  that  a  new  trial  may  be  had  where  "a  witness, 
on  whose  testimony  the  verdict  was  given,  was  convict  of  perjury." 

Mr.  Winthrop  Astor  Chanler — "on  whose  testimony  the  verdict  wcm 
given" — v/as — as  above  shown — "convict  of  perjury." 


227 

On  said  three  cases  hang  all  the  Law  and  the  Prophets  in  Chaloner 
against  Sherman. 

The  above  interesting  testimony  "Who's  Looney  Now?"  and  his 
battle  scarred  lawyers  have  been  striving  for  years  to  get  before  the 
Federal  court.  But  do  what  he  and  his  lawyers  may,  the  other  side 
have  been  able,  up  to  date,  to  stave  off  the  day  of  reckoning  and  sepa 
rate  the  court  from  the  above  testimony  and  other  pieces  of  testimony 
fully  as  interesting.  Now,  however,  that  Chaloner  against  Sherman  is 
on  the  high  road  to  the  Supreme  Court  of  the  United  States  "Who's 
Looney  Now?"  looks  for  a  verdict  supporting  the  learned  decision  in 
his  favour  rendered  by  Judges  Lacombe,  Coxe  and  Noyes  of  the  United 
States  Circuit  Court  of  Appeals,  sustaining  his  claim  that  he  had  a 
constitutional  right  to  try  his  case  of  Chaloner  against  Sherman  in  the 
Federal  courts.  Nothing  since  said  decision  has  occurred  to  shake 
"Who's  Looney  Now's?"  faith  therein.  Ex-Judge  Holt  revolted  and 
reversed  the  decision  of  his  Appellate  Court,  the  Federal  Circuit  Court 
of  Appeals.  '  For  this  "Who's  Looney  Now?"  endeavored  to  get  the 
learned  Justice  impeached  at  the  hands  of  Congress.  But  before  he 
could  bring  it  to  the  attention  of  the  Judiciary  Committee  of  the  House 
of  Representatives  Judge  Holt  resigned  from  the  Bench.!  He  then  ap 
pealed  and  Judge  Lacombe — the  President  of  the  Court — being  in 
Europe — Judge  Mayer  was  allowed  to  sit  in  his  place.  The  Bench  con 
sisted  of  Judges  Coxe,  Rogers  and  Mayer.  Judge  Mayer  wrote  the 
opinion  of  the  Court  sustaining  Judge  Holt  in  revolting  against  and 
reversing  his  Superior  Court.  Now  the  interesting  thing  about  said 
decision  is  that  Judge  Mayer  is  not  a  member  of  the  United  States  Cir 
cuit  Court  of  Appeals,  but,  on  the  contrary,  comes  from  an  Inferior 
Court,  namely,  the  United  States  District  Court.  Therefore  an  inferior 
Judge  is  allowed  to  write  the  opinion  of  a  Superior  Court;  by  which 
said  Superior  Court  is  made  to  reverse  itself;  and,  in  so  doing,  is  made 
to  \sustain  the  opinion  of  an  Inferior  Court  which  had  had  the  audac 
ity  to  reverse  it!  Surely  an  interesting,  not  to  say  an  amusing  situa 
tion. 

"Revenous  nous  d  nos  moutons'":  as  saith  the  great  Rabelais.  "Let 
us  return  to  our  sheep" — our  black  sheep — Messrs.  Choate  and  Sher 
man. 

As  we  observed  some  distance  back,  there  are  two  reasons — two 
moving  motives — back  of  Messrs.  Choate  and  Sherman's  bringing  said 
murderous  action  against  the  very  life  of  the  Paris  Prize  Fund. 

The  first  has  avarice  as  its  main-spring. 

The  second  spite. 

On  the  strength  of  said  three  leading  cases,  said  gentlemen  are 
well  aware  that  the  United  States  Supreme  Court  will  support  our 


tWe  do  not  desire  to  imply  in  the  slightest  degree  that  the  learned 
Judge  resigned  "under  fire."  There  was  necessarily  considerable  delay 
in  our  said  effort  and  considerable  time  elapsed  between  the  decision 
of  Judge  Holt  and  his  resignation  aforesaid. 


228 

contention,  that  all  proceedings  against  our  sanity  in  the  New  York 
Supreme  Court  are  null  and  void  for  want  of  due  process  of  law.  Being 
null  and  void  they  have  no  existence  in  law,  and  can  be  attacked — as 
we  have  attacked  same — in  a  Federal  Court,  without  laying  ourselves 
open  to  the  charge  of  collateral  attack  against  valid  proceedings  in  a 
State  Court.  As  the  United  States  Circuit  Court  of  Appeals  for  the 
Southern  District  of  New  York — New  York  City — held  in  Chaloner 
against  Sherman,  162  Federal  Report  (1908) — Judges  Lacombe,  Coxe 
and  Noyes — in  writing  the  opinion  therein,  the  learned  Judge  Noyes 
said:  "The  Constitution  of  the  United  States  vests  in  its  judicial  de 
partment,  jurisdiction  over  controversies  between  citizens  of  different 
States.  The  petitioner  (the  plaintiff)  as  a  citizen  of  the  State  of 
Virginia,  in  bringing  his  said  suit  in  the  Circuit  Court  (since  changed 
to  the  District  Court)  of  the  United  States,  was  availing  himself  of  a 
right  founded  upon  this  constitutional  provision.  And  he  came  into 
that  Court  with  a  decree  of  the  Court  of  the  'State  of  which  he  was  a 
citizen  declaring  his  sanity.  We  cannot  disregard  that  decree.1' 

We  therefore  have  a  constitutional  right  to  bring  our  case  of 
Chaloner  against  Sherman — as  we  did  eleven  years  ago — namely — in 
a  Federal  Court. 

Messrs.  Choate  and  Sherman  well  know,  therefore,  that  they  are 
lost — since  no  one  for  a  moment  could  suppose  that  the  highest 
tribunal  in  the  land  will  reverse  itself — not  only  once — but — three  times 
running — but  urill  support  its  own  aforesaid  three  leading  cases — all 
bearing  directly  upon  the  law  and  the  facts  as  set  forth  in  Chaloner 
against  Sherman. 

Said  reckless  gentlemen,  therefore — following  their  guide,  philoso 
pher,  and  friend  the  Devil — follow  out  the  lead  by  him  given — as  set 
forth  in  the  Scriptures — when  knowing  his  time  is  short — and  stick 
at  nothing  which  can  vent  their  spite  and  malice  upon  "Who's  Looney 
Now?"  Therefore  they  bring  this  faked-up  suit,  in  order — provided 
they  cannot  scatter  the  Paris  Prize  Fund's  hundred  thousand  dollars, 
so  that  some  seventy-five  thousand  there-of  shall  find  their  way  into 
their  pockets — on  the  amusing  little  fiction  that  all  "Who's  Looney 
Now's?"  property  vests  in  Mr.  Thomas  T.  Sherman — therefore  they 
bring  said  faked-up  malicious,  and  villainous,  scoundrelly  suit,  to  in 
corporate  said  Paris  Prize  Fund — and  do  so  while  the  Founder  thereof 
cannot  by  any  possible  legal  chance  be  one  of  the  Trustees — we  being 
an  "incompetent"  person  in  the  eye  of  the  New  York  State  Courts,  at 
present. 

Could  any  more  sinister  comment — than  are  their  own  actions — be 
made  upon  the  profession  ornamented  by  Messrs.  Joseph  H.  Choate, 
Jr.,  and  Thomas  T.  Sherman? 

"Woe  unto  you  ye  lawyers":  said  the  Founder  of  Christianity; 
now,  nigh  two  thousand  years  ago. 

And  Messrs.  Choate  and  Sherman,  lawyers,  show,  that:  time  can- 
nut  wither,  nor  custom  xtnlc.  their  infinite  rascality. 


ISIS  UNVEILED 


Richmond  Times-Dispatch,  Richmond,  Va.,  Monday,  February  1,  1915. 
CHAIX)NER   INCOME   iLARGE. 

Committee's  Report    Shows   New   Y'ork   Property  is   Valued 
at    $1,473,000. 

The  annual  accounting  of  Thomas  T.  Sherman,  committee  of  the 
property  of  John  Armstrong  Chaloner,  was  filed  in  the  New  York 
County  Clerk's  office  on  Saturday.  It  shows  that  Chaloner  now  owns 
property  worth  $1,473,000,  from  which  the  income  for  the  past  year 
was  $89,692.  The  accounting  shows  that  although  Mr.  Chaloner  re 
ceived  $24,000,  and  his  former  wife,  Amelie  Rives,  now  Princess  Trou- 
betzkoy.t  got  $3,600,  the  committee  has  $23,081  of  income  unexpended. 

ISIS   UNVEILED. 

<rNot  alimony — as  many  New  York  newspapers  stated  in  noticing 
this  item — but  the  continuation — after  her  re-marriage — of  an  allow 
ance  made  said  Princess  before  divorce  had  ever  been  mentioned.  As 
is  indicated  by  the  total  absence  of  alimony  from  the  decree  of  the 
South  Dakota  Court,  granting  the  divorce,  on  the  grounds  of  incom 
patibility  of  temper;  in  the  autumn  of  1895.  Merely  the  friendly  in 
terest  of  an  Art  Patron — Founder  of  the  Paris  Prize  aforesaid — in  the 
future  career  of  a  writer  and  artist;  with  whom  the  said  Art  Patron 
had  quarrelled;  largely,  'because  she  refused  to  cultivate  her  great 
talent  as  a  portrait  painter — her  full  length  portrait  en  plein  air 
(out  of  doors)  of  Robert  Winthrop  Chanler — so  far  back  as  1890 — in 
Foutainebleau,  France — being  little  short  of  a  masterpiece.  Said  Art 
Patron  held  that  her  artistic  gift,  was  as  far  stronger  than  her  lit 
erary  gift,  as  the  sun  is  than  the  moon.  Which  indicates  that  her 
literary  gift  is  redolent  of  charm — to  say  the  least.  But  her  literary 
gift  lacks  the  power  of  creative  force.  The  strongest  trait  therein  is 
that  which  distinguished  Keats,  namely,  the  pictorial. 

Keats  is  not  the  poet  of  thought,  but  of  beauty — of  painting  in 
words.  So  she  excels  in  that  respect,  but  lacks  the  dramatic  creative 
force  necessary  to  create  characters  and  scenes  of  a  dramatic  nature, 
which  fill  the  following  bill,  to  wit:  are  full  of  dramatic  incident  and 
at  the  same  time  said  dramatic  incident  is  true  to  life. 

Two  works  of  hers  fill  said  bill.  "The  Quick  Or"  The  Dead"  and 
"Tanis  The  San?  Digger."  The  first,  a  novel.  The  second,  a  novelette. 


230 

The  first,  done  in  the  winter  of  1887  and  eight,  the  second  in  that  of 
1892 — and  three.  To  these  should  be  added  her  charming  magazine 
stories,  the  late  T.  B.  Aldrich  liked  so  much — such  as  "A  Brother  To 
Dragons"1;  "Nurse  Crumpet  Tells  The  Tale";  and  "The  Farrier  Lass 
Of  Piping  Pebworth."  Beyond  this,  none  of  her  literary  work  has 
satisfied  said  Art  Patron,  when  measured  by  the  side  of  her  splendid 
artistic  power. 

One  of  the  best-known  teachers  of  painting  in  Paris — Charles 
Lasar — an  American — who  has  had  an  atelier  (a  studio)  for  American 
Art  Students  in  Paris  for  years  and  years,  and  who  is  one  of  the 
soundest  and  best  teachers  of  any  nationality  in  Paris  in  Art  to-day — 
had  her  under  his  instruction  in  Paris  for  two  years — in  1889-1891. 
When  he  had  finished  with  her  he  said,  "I  can't  teach  her  anything 
more  in  drawing."  In  other  words,  her  drawing  by  that  time  was 
that  of  a  master.  Her  eye  for  colour  was  as  delicate  and  true  as  her 
eye  for  line.  And,  lastly,  her  ability  for  "catching  a  likeness"  was 
utterly  unequalled  by  any  portrait-painter  in  France,  Great  Britain 
or  the  United  States — excepting  neither  Carlus  Duran,  in  Paris,  nor 
John  S.  Sargent,  in  London. 

She  loas  so  indolent  that  she  buried  this  divine  gift — wrapped  in 
a  mortuary  napkin — in  the  ground  of  oblivion;  and  followed  the  sister 
Art  of  Literature:  which  enabled  her  to  sit  at  her  ease  and  work. 
Whereas  portrait-painting  requires  standing  up,  and  walking  to  and 
from  the  easel,  all  day  long.  "Hinc  illae  lachrymae!"  Hence  these 
tears! 

Herewith  lifts  the  veil  heretofore  shrouding  in  Oriental  mystery, 
that  Grand  Arcanum  of  The  Mysteries — the  why  and  wherefore  of  the 
divorce  of  "Who's  Looney  Now?"  from  his  former  gifted  consort. 


Richmond  Times-Dispatch,  Saturday,  May  1,  1915. 
CHAI/ONER  FILES  APPEAL- 

Virginian  Takes  His  Case  to  United  States 
Supreme    Conrt. 

Washington,  April  30. — John  Armstrong  Chaloner,  of  Albemarle 
county,  Va.,  to-day  filed  in  the  Supreme  Court  an  appeal  from  the 
decision  of  the  New  York  Federal  Court  which  refused  to  declare  void 
the  proceedings  in  the  New  York  State  Courts  by  which  Chaloner  was 
adjudged  incompetent  and  his  property  placed  in  the  hands  of  a  com 
mittee. 

Chaloner  seeks  to  recover  damages  from  Thomas  T.  Sherman  in 
charge  of  his  affairs  in  New  York. 


NEWSPAPER  REVIEWS 


The  Portland  Oregonian,  Portland,  Ore.,  August  22,  1915. 


"Robbery    Under  Law,"  by   John   Armstrong   Chaloner,   50 
cents,  Palmetto  Press,  Roanoke  Rapids,  N.  C. 


There  are  two  plays  in  this  book. 

One  is  "Robbery  Under  Law,"  in  which  Lunacy  abuses 
are  pictured,  and  "The  Hazard  of  the  Die,"  a  three-act  play 
in  blank  verse  treating  of  the  conspiracy  of  Catiline  during 
the  last  days  of  the  Roman  Republic.  Both  plays  are  un 
usual,  interesting,  and  show  the  undoubted  dramatic  talent 
of  the  author. 


232 


The  Evening  Telegram,   Portland,  Oregon,  July  24,   1915. 


Robbery  Under  La\v.  By  John  Armstrong  Chaloner,  author  of 
"Scorpio"  and  "Who's  L/ooney  Now?"  Price  50  cents  net. 
Published  by  Palmetto  Press,  Roanoke  Rapids,  North  Carolina. 


John  Armstrong  Chaloner,  author  of  "Who's  Looney  Now?"  here 
offers  two  plays,  some  sonnets,  and  a  number  of  press  clippings  and 
letters  to  show  his  sanity  and  the  need  of  reform  in  Lunacy  Laws.  He 
is  the  Chaloner  who  was  judged  insane  in  New  York  and  sane  in 
Virginia,  who  was  a  friend  of  Stanford  White,  Harry  Thaw's  victim, 
and  was  formerly  the  husband  of  Amelie  Rives.  The  "Who's  Looney 
Now?"  which  he  names  on  the  title  page  as  if  it  were  a  book,  is  the 
widely-quoted  telegram  he  sent  his  brother,  "Sheriff  Bob"  Chanler,  on 
the  occasion  of  the  latter's  separation  from  Lina  Cavalieri. 

The  play,  "Robbery  Under  Law,  or  the  Battle  of  the  Millionaires," 
purports  to  be  an  autobiographical  one.  It  is  to  be  played,  too,  the 
author  says,  in  every  State  in  the  Union,  and  he  will  appear  for  a 
curtain  talk  after  each  production  to  emphasize  the  need  of  Lunacy 
Law  reform.  "The  Hazard  of  the  Die,"  a  blank  verse  drama  of  Catiline, 
in  imitation  of  Shakespeare,  follows  with  an  epilogue  in  which  the 
author  says  this  is  but  the  first  of  a  series  of  plays.  The  work  has 
passages  of  real  vividness. 

There  is  real  value  though  to  students  of  Abnormal  Psychology  in 
the  accounts  of  the  "Napoleonic  trances,"  of  the  mediumistic  letters 
and  the  like  which  the  author  includes  in  this  heterogeneous  volume. 
Some  of  these  are  documents  intended  to  prove  his  sanity,  for  he 
quotes  William  James,  the  American  psychologist,  as  styling  him  a 
medium  of  unusual  powers,  and  includes  a  letter  from  Thomson  Jay 
Hudson,  author  of  "The  Law  of  Psychic  Phenomena,"  which  says  it 
is  unjust  to  call  a  man  insane  simply  because  he  believes  there  is  a 
Subjective  Mind,  a  belief  scientists  are  coming  round  to. 


The  Post-Express,  Rochester,  N.  Y.,  July  24,  1915. 

"Robbery  Under  Law;  or  The  Battle  of  the  Millionaires:  A  Play  in 
Three  Acts  and  Three  Scenes."  By  John  Armstrong  Chaloner. 
Roanoke  Rapids,  N.  C.  Palmetto  Press. 


Mr.  Chaloner's  play,  "Robbery  Under  Law,"  has  obviously  been 
based  on  his  own  experiences.  The  plot  turns  on  a  conspiracy  to  have 
a  millionaire  art  patron  and  author  shut  up  in  an  asylum. 

In  the  same  volume  there  is  another  play  entitled  "The  Hazard 
of  the  Die,"  treating  of  Catiline's  conspiracy.  It  is  in  the  manner  of 
Marlowe,  even  that  dramatist's  peculiarities  of  accentuation  being  imi 
tated.  The  author  shows  a  knowledge  of  Roman  history  which  is  very 
creditable  to  his  memory.  Among  the  dramatis  personae  are  the  poet 
Catullus,  Cicero,  Crassus,  Sulla  and  Caesar. 

The  book  ivill  amuse  and  in  many  ways,  astonish  the  average 
reader. 


234 

New  York  Tribune,  Tuesday,  June  29,  1915. 

"WHO'S    LOONEY    NOW?"    NAPOLEON    PXAYWRIGHT    IN 
LUNACY    CRUSADE 


"Robbery   Under   Law,"    First   Big    Dramatic  Gun   in   "Battle 

of  Millionaires,"  May  Yet  Invade  New  York 

if  Author   Has  Good   Luck. 


John  Armstrong  Chaloner,  phrase  maker  extraordinary  and  author 
of  "Who's  Looney  Now?"  has  written  a  play  with  which  he  intends 
to  fight  the  lunacy  laws  of  various  States.  It  is  called  "Robbery  Under 
Law;  or,  The  Battle  of  Millionaires,"  and  was  ground  out  at  Merry 
Mills,  Chaloner's  estate  in  Virginia.  There  the  author  is  a  sane  man 
under  the  State  law,  while  New  York  courts  have  adjudged  him  in 
sane. 

To  give  full  measure  in  the  volume  Mr.  Chaloner  has  combined 
with  "Robbery  Under  Law"  another  play,  called  "The  Hazard  of  the 
Die,"  numerous  newspaper  clippings  concerning  his  own  vicissitudes 
and  some  sonnets.  The  frontispiece  is  a  portrait  of  Chaloner  in  the 
dress  of  Napoleon — the  same  picture  that  he  sent  to  newspapers  in 
1912,  when  his  modesty  first  yielded  to  his  resemblance  to  the  great 
little  Corsican. 

The  play  "Robbery  Under  Law"  is  founded  upon  Chaloner's  own 
adventures  before  and  after  his  escape  from  "Bloomingdale."  In  the 
prologue,  in  which  the  author  refers  to  himself  as  "Who's  Looney 
Now?"  Chaloner  declares  his  intention  of  producing  the  play  in  all 
parts  of  the  country  and  accompanying  its  production  with  lectures 
on  the  iniquity  of  insanity  laws. 

Just  how  Chaloner  is  going  to  manage  about  New  York  he  doesn't 
say.  He  surely  can't  be  planning  to  omit  New  York  from  his  tour,  for 
here,  if  anywhere,  he  has  found  iniquitous  lunacy  law,  to  say  nothing 
of  "ermined  anarchy."  Perhaps  he  is  reckoning  on  the  co-operation 
of  the  Supreme  Court  of  the  United  States,  where  his  appeal  from  an 
adverse  judgment  in  his  suit  to  recover  the  control  of  his  $1,500,000 
property  is  pending. 

It  is  not  the  first  appearance  Chaloner  has  made  as  an  author, 
although  it  is  the  first  time  he  has  come  out  as  a  Napoleonic  crusader 
in  literature.  In  1907  he  wrote  forty-seven  sonnets,  explaining  his 
ideas  on  hell  and  Bernard  Shaw.  A  few  months  ago  the  war  set  his 
pen  to  itching,  and  he  gave  the  Germans  what  he  gave  Shaw — only 
more  so. 

Ag  a  scientist,  too,  Chaloner  has  made  a  deep  impression  upon 
himself.  Not  only  is  he  the  possessor  of  an  "X-faculty"  which  enables 
him  to  suspend  the  law  of  gravitation,  but  pool  balls  speak  to  him 
in  astrological  terms. 

All  this  was  for  the  cause,  however,  as  Chaloner  announces  in 
his  prologue  to  "Robbery  Under  Law."  Presumably  even  his  appar- 


235 

ently  sincere  attempts  to  recover  command  of  his  fortune  were  strate 
gic  movements  intended  to  embarrass  the  New  York  lunacy  law,  for  he 
writes  that  he  has  "sacrificed  the  last  eighteen  years  of  my  life"  in 
the  cause  of  lunacy  reform. 


New  York  Herald,  June  29,  1915. 

NOW  IT'S  A  FLAY  BY   "  OHALONER   1ST." 


Lunacy  Law   Reform  To   Be  Urged  on  Stage  by  John 
Armstrong  Chaloner. 


John  Armstrong  Chaloner,  in  a  fifty  cent  paper  covered  volume, 
full  of  personal  declarations,  put  before  the  public  yesterday  his 
new  play,  "Robbery  Under  Law."  "In  order  to  serve  as  a  sort  of  propa 
ganda  toward  the  cause  of  lunacy  law  reform,  to  which  the  writer  has 
sacrificed  the  last  eighteen  years  of  his  life,  come  March  13,  1915," 
is  Mr.  Chaloner's  declaration  in  italics  for  the  purpose  of  this  pub 
lication. 

More  interesting  than  the  publication  is  the  announcement  it 
carries  that  Mr.  Chaloner  proposes  to  present  "Robbery  Under  Law" 
as  a  dramatic  performance  in  theatres  all  over  the  country,  making 
an  address  after  the  fall  of  the  curtain  at  each  performance,  which 
he  solemnly  agrees  to  limit  to  ten  minutes.  He  will  talk  for  two 
hours  every  Sunday,  however. 

The  frontispiece  for  the  book  is  a  picture  of  a  portrait  bust  of 
the  author  dressed  in  the  uniform  of  Napoleon  1.  with  the  caption, 
"Chaloner  1st;  1911,  by  Criswell. 

Defending  "Robbery  Under  Law"  Mr.  Chaloner  writes  that  parts 
of  it  could  be  cut  "without  the  least  injury  to  the  action,  though  not 
to  the  psychological  value  of  it  as  a  study  in  the  very  latest  and 
furthest  advanced  realms  of  mediumship.  Since  that  is  what  I  am — 
a  medium — in  the  language  of  the  late  Professor  William  James,  of 
Harvard." 

Mr.  Chaloner's  only  successful  composition  heretofore  was  the 
phrase,  "Who's  Looney  Now?"  written  in  a  telegram  to  his  brother 
"Sheriff  Bob"  Chanler,  when  the  latter's  romantic  and  marital  ex 
periences  with  Mile.  Lina  Cavalier!  became  known. 


236 

New  York  Sun,  June  29,  1915. 
CHALONEB    HAS    A    SEQUEL    TO    "WHO'S    L.OONEY    NOW?" 


It's   a   Volume,    an    Epic,   a   Work   of   Art    ($.5O   Per) — John   A. 

Is  The  Hero  and   Everything  Else,   Except 

Bosco    and    Viola. 


Every  once  In  a  while  John  Armstrong  Chaloner,  author  of 
that  merry  little  quip  "Who's  Looney  Now?'  retires  into  his  inner 
consciousness  and  after  long  lucubration  brings  forth  another  book 
about  John  Armstrong  Chaloner.  Since  his  escape  from  "Bloom- 
ingdale"  Asylum  in  1900  to  his  home  in  Virginia,  where  he  is  legally 
sane,  Chaloner  has  been  attacking  the  lunacy  laws,  and  his  latest 
vehicle  of  expression,  hot  off  the  press,  is  called  "Robbery  Under 
Law;  or,  The  Battle  of  the  Millionaires." 

Although  Chaloner  modestly  takes  unto  himself  the  robes  of 
Shakespeare  and  Marlowe  he  was  known,  until  the  publication  of 
this  latest  collection  of  blank  and  other  verse,  melodrama  and  press 
notices,  as  the  brother  of  Sheriff  Bob  Chanler.  of  New  York,  who  on 
his  separation  from  Lina  Cavalieri  received  a  telegram  from  brother 
John  Armstrong  asking  "Who's  Looney  Now?"  Mr.  Chaloner  is 
proud  of  that  line.  He  puts  it  on  the  title  page  and  uses  it  as  the 
climax  of  his  relation  of  triumph  over  Pat  Sligo,  the  asylum  keeper. 

For  of  course  Chaloner  is  the  hero  of  his  play  in  three  acts 
and  three  scenes,  with  a  prologue  and  epilogue.  His  adventures, 
"the  stirring  cycle  of  events  which  for  the  past  eighteen  years  has 
been  whirling  around  the  head  of  'Who's  Looney  Now'  "  centre  about 
the  manly  form  of  Hugh  Stutfield  of  Rokeby,  Albemarle  County,  Vir 
ginia,  "millionaire  art  patron  and  law  writer."  There  are  two  other 
millionaires  in  the  play  who  try  to  get  Stutfield's  money  and  so  put 
him  in  the  Fairdale  asylum,  and  a  man  worth  half  a  million.  Mr. 
Chaloner  says  it  is  a  psychological  play,  he  having  been  called  a 
medium  and  of  psychic  temperament  by  the  late  Prof.  William  James. 

See  What  Bosco  Does! 

Bnit  the  psychology  is  not  so  startling  as  the  action,  to  which 
Bosco,  the  man  servant  of  Stutfield,  his  "heavy  Numidian  cavalry — 
to  use  a  bold  metaphor,"  contributes  strangle  holds  and  half  Nelsons. 
It  begins  with  a  killing.  Stutfield,  in  love  with  Viola,  who  is  beautiful 
but  cold,  is  visited  by  her.  She  brings  a  poor  woman  who  is  beaten 
every  day  by  her  husband  with  a  poker  because  the  poker  won't  bend, 
and  Stutfield  is  about  to  get  a  divorce  for  her  when  the  husband 
comes  in  and  lays  out  the  chivalric  squire  with  his  favorite  weapon. 
Enter  Bosco. 

"With  that  Bosco  crouches  like  a  tig,er  and  springs  upon  Bullard 
from  behind,  bringing  Bullard  down  flat  on  his  back  under  him.  By 
this  time  Stutfield  has  come  to  and  rises  to  his  feet. 


237 

"Viola   (in  a  low  tone) — Are  you  hurt,  my  darling? 

"Stutfield  (in  the  same  low  voice) — No,  my  dearest  darling,  not 
a  bit.  You  precious  child!  It  took  the  threat  of  death — of  my  death — 
to  melt  your  frozen  bosom.  Do  you  love  me?" 

"Viola — Yes,  my  hero,  I  do. 

"Stutfield  (in  italics); — Thank  God,  then,  for  those  two  blows! 
You  saved  the  day,  though,  dearie.  As  I  went  off  into  my  two  sleeps 
your  sweet  bell-like  voice  was  ringing  in  my  ears — like  a  silver 
trumpet  call,  sounding  the  charges.  And,  by  Gad,  my  black  Bosco 
heard  your  bugle  and  made  good.  Look  at  the  black  rascal  holding 
that  murderous  villain  down.  I  hereby  crown  you  queen  of  love  and 
beauty  of  the  tournament — this  modern  Ashby-de-la  Zouche  of  Ivanhoe. 

"Viola — The  Queen  of  Love  and  Beauty  accepts  the  glorious  crown 
placed  upon  her  unworthy  head  by  thy  glorious  hand,  Sir  Knight  of 
Rokeby,  whose  headdress  (a  football  cap  of  Rugby  days)  suggests 
the  Oriental  pomp  of  the  dauntless  but  ruthless  Sir  Brian  de  Bois 
Guilbert,  and  whose  character  that  of  the  stainless  Wilfred  of  Ivanhoe." 

After  that  Chaloner,  or  Stutfield,  simply  cannot  resist  having 
another  go  with  the  bloodthirsty  Bullard,  and  with  the  assistance  of 
the  heavy  Numidian  cavalry  the  villain  is  shot. 

Don't  Be  Alarmed.     He  Isn't  Hurt. 

"Viola — My  God.     Hugh  are  you  hurt,  darling? 

"Stutfield— No,  darling. 

"(Bosco  lets  Bullard  softly  down  on  his  back.) 

"Bosco — He  dade. 

".Stutfield — (Gravely.)     Yes,  Bosco.     He  dade." 
(Curtain.) 

After  two  more  acts,  which  show  how  Stutfield  is  incarcerated 
in  Fairdale  asylum  by  persons  who  wish  to  get  his  money  and  how 
he  escapes  by  overpowering  the  keeper,  Pat  Sligo,  and  binding  him 
with  ingenious  devices,  he  leans  over  Pat  and  says: 

"Ta,  ta,  Pat,  I'll  meet  you  in  a  better  world  where  the  lunacy 
laws  presumably  are  more  legal  and  equitable  than  in  New  York  at 
present.  So  long,  Pat.  Be  good  to  yourself.  (With  great  delibera 
tion  and  pausing  between  each  word)  Who's  Looney  Now?" 

With  which  stinging  remark  he  goes  out  of  the  play  and  leaves 
Pat  flat. 

But  to  make  the  book  really  worth  fifty  cents  Chaloner  throws 
in  a  lot  of  other  things,  including  "The  Hazard  of  the  Die,"  of  which 
he  thinks  so  well  that  he  prefaces  it  by  the  following  prologue: 

His  Marlovian  Line. 

"The  grand  Marlovian  line  is  surely  mine — 
'Tis  Marlowe's  heir  we  are  more  than  Shakespeare's. 
But  Shakespeare's  psychology  is  mine — my  mine! 
For  the  rest  we're  Marlowe,  plus  our  riper  years. 


238 

Thus  th'  English  drama's  incarnate  in  me; 

Of  its  two  prophets  we  the  mantle  wear. 

Shakespeare's  knowledge  of  man  therein  you  see, 

Whilst  Marlowe's  thunder  fills  the  ambient  air. 

With  Marlowe's  passion  doth  fill  up  our  cup; 

Of  his  heroic  mould  our  heroes  be, 

While  passion's  cup  our  heroines  fill  up — 

The  truth  of  this  the  d — dest  fool  may  see. 

'Deep  calleth  unto  deep'  within  our  plays, 

And  Marlowe's  lightning  on  Shakespeare's  moonlight  plays." 

After  which  one  simply  can't  help  reading  the  play,  only  to  meet 
at  the  end  the  lines: 

"Fair  reader,  this  grim  play  scarce  but  begins 
A  chain  of  plays  that  equals  Shakespeare's  length. 
In  saying  this  think  not  the  chorus  sins — 
We  know  our  productivity  and  strength." 

And  lest  there  be  any  misunderstanding  as  to  the  worth  of 
Shakespeare  in  making  comparisons,  Mr.  Chaloner  reproduces  a  part 
of  an  essay  by  George  Saintsbury  to  show  that  the  bard  was  once 
considered  a  regular  writer. 


New  York  Call,  June  29,  1915. 

"WHO'S   LOONEY    NOW?"    WRITES    A   NEW    PLAY. 


John  Armstrong  Chaloner  Is  Author  of  the  Great  Drama  hi 
Three   Acts,    Three    Scenes,    Etc. 

Every  once  in  a  while  John  Armstrong  Chaloner,  author  of 
that  merry  little  quip  "Who's  Looney  Now?"  retires  into  his  inner 
consciousness  and  after  long  lucubration  brings  forth  another  book 
about  John  Armstrong  Chaloner.  Since  his  escape  from  "Bloom- 
ingdale"  Asylum  in  1900  to  his  home  in  Virginia,  where  he  is  legally 
sane,  Chaloner  has  been  exposing  the  lunacy  laws,  and  his  latest 
vehicle  of  expression,  which  comes  hot  off  the  press,  is  called  "Robbery 
Under  Law,  or  the  Battle  of  the  Millionaires." 

Although  Chaloner  modestly  takes  unto  himself  the  robes  of 
Shakespeare  and  Marlowe  he  was  known,  until  the  publication  of 
this  latest  collection  of  blank  and  other  verse,  melodrama  and  press 
notices,  as  the  brother  of  Sheriff  Bob  Chanler.  of  New  York,  who  on 
his  separation  from  Lina  Cavalieri  received  a  telegram  from  brother 
John  asking  "Who's  Looney  Now?"  Mr.  Chaloner  is  proud  of  that 
line;  he  puts  it  on  the  title  page  and  uses  it  as  a  climax  of  his 
triumph  over  Pat  Sligo,  the  asylum  keeper. 


239 

Chaloner  Is  Hero  of  His  Play. 

But,  of  course.  Chaloner  is  the  hero  of  his  play  in.  three  acts  and 
three  scenes,  with  a  prologue  and  epilogue.  His  adventures,  "The 
stirring  cycle  of  events  which  for  the  past  eighteen  years  have  been, 
whirling  around  the  head  of  'Who's  Looney  Now?' "  centre  about  the 
manly  form  of  Hugh  Stutfield.  of  Rokeby,  Albemarle  'County,  Va., 
"millionaire  art  patron  and  law  writer."  There  are  two  other  mil 
lionaires  in  the  play  who  try  to  get  Stutfield's  money,  and  so  put  him 
in  the  Fairdale  asylum,  and  a  man  worth  half  a  million.  Mr.  Chaloner 
says  that  it  is  a  psychological  play,  he  having  been  called  a  medium 
and  of  psychic  temperament  by  the  late  Prof.  William  James. 

But  the  psychology  is  not  so  startling  as  the  action,  to  which 
Bosco,  the  man  servant  of  Stutfield,  his  "heavy  Numidian  cavalry,  to 
use  a  bold  metaphor,"  contributes  strangle  holds  and  half  Nelsons. 
It  begins  with  a  killing.  Stutfield,  in  love  with  Viola,  who  is  beautiful 
but  cold,  is  visited  by  her.  She  brings  a  poor  woman  who  is  beaten 
every  day  by  her  husband  with  a  poker,  because  the  poker  won't  bend, 
and  Stutfield  is  about  to  get  a  divorce  for  her,  when  the  husband 
comes  in  and  lays  out  the  chivalric  squire  with  a  poker.  Enter  Bosco. 

Bosco's  Noble  Deed., 

"With  that  Bosco  crouches  like  a  tiger  and  springs  upon  Bullard 
from  behind,  bringing  Bullard  down  flat  on  his  back  under  him.  By 
this  time  Stutfield  has  come  to,  and  rises  to  his  feet. 

Viola  (in  a  low  tone)i — Are  you  hurt,  my  darling? 

Stutfield  (in  the  same  low  voice) — No,  my  dearest  darling,  not 
a  bit.  You  precious  child!  It  took  the  threat  of  death — of  my  death 
to  melt  your  frozen  bosom.  Do  you  love  me? 

Viola — Yes,  my  hero,  I  do. 

Stutfield — Thank  God.  then,  for  those  two  blows!  You  saved  the 
day,  though,  dearie.  As  I  went  off  into  my  two  sleeps  your  sweet  bell- 
like  voice  was  ringing  in  my  ears — like  a  silver  trumpet  call,  sounding 
the  charge.  And,  by  Gad,  my  black  Bosco  heard  your  bugle  and  "made 
good."  Look  at  the  black  rascal  holding  that  murderous  villain  down. 
I  hereby  crown  you  Queen  of  Love  and  Beauty  of  the  tournament — 
this  modern  Ashby  de  la  Zouche  of  Ivanhoe. 

Viola — The  Queen  of  Love  and  Beauty  accepts  the  glorious  crown 
placed  upon  her  unworthy  head  by  thy  glorious  hand,  Sir  Knight  of 
Rokeby.  Whose  headdress  (a  football  cap  of  Rugby  days)  suggests 
the  Oriental  pomp  of  the  dauntless,  but  ruthless,  Sir  Brian  de  Bois 
Gilbert,  and  whose  character  that  of  the  stainless  Wilfred  of  Ivanhoe." 

'Snuff! 


240 

New  York  Mail,  June  28,  1915. 

J.    A.    CHALONER   WRITES    BOOK    IN    SANITY    CRU8ADK. 


Author   of   Phrase    "Who's    Looney    Now?"   Will   Also   Lecture    to 
Prove   Laws  Are  Wrong. 


John  Armstrong  Chaloner,  made  famous  by  the  query,  "Who's 
Looney  Now?"  has  started  a  crusade  to  prove  the  sanity  laws  of 
the  majority  of  the  States  are  all  wrong. 

In  a  book  which  appeared  on  the  stands  to-day  he  is  putting 
forth,  admittedly  founded  on  his  own  experience,  his  commitment  to 
"Bloomingdale,"  his  escape  and  his  finding  of  a  refuge  in  Virginia, 
whose  courts  dec'ared  him  sane. 

Chaloner  sets  forth  in  a  prologue  he  has  "sacrificed  the  last 
eighteen  years  of  his  life"  in  the  cause  of  lunacy  reform.  His  play 
is  entitled:  "Robbery  Under  Law,  or  The  Battle  of  the  Millionaires." 

Another  play,  "The  Hazard  of  the  Die,"  is  also  included  in  the 
volume,  which  contains  numerous  clippings  from  newspapers  dealing 
with  his  own  case. 

His  purpose,  he  isays,  is  "to  put  before  the  public  the  deadly 
disease  eating  the  fiber  of  our  body  politic  in  vicious  lunacy  legis 
lation  obtaining  in  40  per  cent,  of  the  States  of  the  United  States  as 
'damaged  goods'  put  before  the  public  the  deadly  disease  eating  the 
flesh  of  alas!  but  too  many  of  the  peoples  of  the  earth." 


New  York  Telegram,  June  28,  1915. 

"WHO'S    LOONEY?"    BARES     BLOT     ON     OUR     ESCUTCHEON. 


John    Armstrong    Chaloner    Before    the    Footlights    With 
Scathing    Attock    on    the    Law. 


REINCARNATED   NAPOLEON   HAS    WRITTEN    BOOK 
ABOUT  IT. 


John  Armstrong  Chaloner,  author  of  "Who's  Looney  Now?"  has 
a  brand  new  crusade. 

He  has  set  out  "to  put  before  the  public  the  deadly  disease  eating 
the  fibre  of  our  body  politic  in  vicious  lunacy  legislation  obtaining 
in  forty  per  cent,  of  the  States  of  the  United  States,  as  'Damaged 
Goods'  put  before  the  public  the  deadly  disease,  eating  the  flesh  of 
alas!  but  too  many  of  the  peoples  of  the  earth." 

To  that  end  he  has  written  a  new  play  entitled  "Robbery  Under 
Law;  or,  The  Battle  of  the  Millionaires,"  and  is  offering  it  to  the 


241 

public   in  book   form.     It  made   its  appearance   on    the   book    stands 
here  to-day  fresh  from  the  press. 

The  work,  which  embraces  besides  the  play,  numerous  newspaper 
clippings,  dealing  with  his  now  famous  case,  another  play  called 
"The  Hazard  of  the  Die,"  and  some  new  essays  into  the  field  of 
poetry,  covers  244  pages,  set  off  with  a  frontispiece  portrait  of  the 
author  made  up  as  Napoleon. 

He  Means  Business,  All  Right. 

Most  of  the  clippings  refer  to  Chaloner's  incarceration  in  the 
"Bloomingdale"  Asylum  in  this  State  and  the  actions  of  the  New 
York  and  Virginia  courts  which  respectively  held  him  insane  and 
sane.  In  the  prologue  Chaloner  declares  that  he  has  "sacrificed  the 
last  eighteen  years  of  my  life"  to  propaganda  toward  the  cause  of 
lunacy  reform.  His  schemes  for  furthering  the  propaganda  are  an 
nounced  in  the  following  paragraphs  culled  from  the  book:  — 

"  'Who's  Looney  Now?'  proposes  to  address  the  audiences  after 
the  fall  of  the  curtain  in  'Robbery  Under  Law'  for  ten  minutes  pre 
cisely;  and  put  before  them — in  each  city  he  plays  in — all  through 
the  United  States,  the  black  and  foul  stigma  now  staining  the  fair 
name  of  law,  justice  and  liberty  in  these  United  States  in  the  name 
of  the  Lunacy  Law.  Furthermore,  each  Sunday  afternoon  'Who's 
Looney  Now?'  will  hire  the  largest  hall  each  city  contains  and  for 
two  hours  hold  forth  on  the  interesting  topic  of  criminal  lunacy 
legislation  now  masquerading  under  the  name  of  law  in  forty  per 
cent,  of  the  States  of  the  Union.  *  *  *  'Who's  Looney  Now?'  opines 
he  will  draw  a  large  crowd.' 

Founded  on  Own  Ups  and  Downs. 

The  play,  which  is  admittedly  founded  on  Chaloner's  ups  and 
downs  since  he  was  committed  to  the  asylum,  is  summarized  as 
follows:  — 

Hugh  Stutfield,  of  Virginia  and  New  York,  wealthy  art  patron 
and  writer  on  law,  has  an  enemy  in  James  Lawless,  also  wealthy, 
who  conspires  with  his  relatives  to  get  him  out  of  the  way.  Hugh 
and  Lawless  are  rivals  for  the  hand  of  Viola  Cariston,  and  fearing; 
that  he  has  little  chance  of  winning  her  from  the  Virginian,  Lawless 
determines  to  resort  to  any  means  rather  than  lose  her.  Constantia 
and  Winston  Blettermole,  cousins  of  Hugh's,  are  bitterly  jealous  of 
him,  and  as  they  are  the  next  heirs  to  his  millions,  if  he  does  not 
marry,  they  listen  readily  to  the  criminal  suggestions  of  Lawless  and 
his  lawyer,  Spink. 

Although  Hugh  has  a  certain  clairvoyant  sense  which  warns  him 
of  trouble,  they  manage  to  have  him  shut  up  in  an  asylum,  as  a* 
dangerous  lunatic.  From  this  place  he  eventually  makes  his  escape, 
and  by  wit  and  courage  gets  the  better  of  his  persecutors. 

Mr.  Chaloner  declares  in  his  introduction  that  the  first  act  of 
the  play,  in  which  the  shooting  and  death  of  one  of  the  characters 


242 

occur,  is  taken  "bodily — character  and  action — from  life."  Act  II. 
Is  described  as  a  "thinly  disguised  statement  of  cold,  hard  facts,  bar 
only  the  love  motive,  which  is  entirely  imaginary."  He  adds: — "The 
only  main  differences  being  that  the  fight  with  the  "Bloomingdale" 
keeper  took  place  in  my  cell  at  "Bloomingdale,"  instead  of  in  the 
wood  at  "Bloomingdale";  and,  also,  that  I  escaped  from  "Blooming- 
dale"  by  flight,  unaided  by  support  from  outside  that  Institution — 
outside  the  Insane  asylum — as  in  the  play." 

In  his  fight  to  prove  his  sanity  before  the  Virginia  court  which 
ultimately  decided  he  was  sane,  Chaloner  deposed  that  he  had  dis 
covered  a  new  application  of  animal  magnetism  and  that  his  facial 
lineaments  had  changed  in  recent  years  so  as  to  resemble  portraits 
of  Napoleon  Bonaparte. 

Chaloner's  last  court  fight  here  took  place  last  year  when  he 
made  an  unsuccessful  effort  in  the  Federal  Circuit  Court  of  Appeals 
to  recover  possession  of  his  $1,500,000  estate  from  Thomas  T.  Sher 
man,  who  was  appointed  committee  of  his  person  when  he  was  com 
mitted  to  the  asylum. 


New  York  Telegram,  June  29,  1915. 

John  Armstrong  Chaloner  now  blooms  as  the  Napoleon  of  a  new 
reform.  A  St.  Helena  for  a  lot  of  reformers  is  something,  very  much 
needed. 


New  York  American,  June  29,  1915. 

\M1UK    RIVES    FIGURES    IN    CHALONER'S    BOOK. 


John  Armstrong  Chaloner,  whose  long  fight  to  prove  his  sanity 
made  him  famous,  has  issued  a  book  made  up  in  part  of  a  three-act 
play,  "Robbery  Under  Law;  or,  The  Battle  of  the  Millionaires."  He 
includes  a  chapter,  "Isis  Unveiled,"  explaining  why,  he  says,  Amelie 
Rives,  now  the  Princess  Troubetzkoy,  is  still  paid  $3,600  from  his 
income. 

'The  allowance  of  $3,600  to  Princess  Troubetzkoy,  is  not  alimony, 
but  a  continuance,  after  her  remarriage,  of  an  allowance  made  said 
Princess  before  her  divorce  was  even  mentioned.  It  is  merely  the 
friendly  interest  of  an  art  patron  in  the  future  career  of  a  writer  and 
artist,  with  whom  the  said  art  patron  had  quarrelled,  largely  because 
she  refused  to  cultivate  her  great  talent  as  a  portrait  painter." 


243 

New  York  World,  July  4,  1915. 

CHALONER  MAKES  HIMSELF  THE  HERO  OF  HIS  OWN  PLAY 


"  Robbery  Under  Law,"  He  Says,  Is  an  Epitome  of  His  Fight 
Against  Lunacy  Proceedings. 


MUCH  OF  THE  DIALOGUE  AND  SOME  INCIDENTS  REAL 


One  Scene  Reproduces  a  Tragedy  in  Which  Ohaloner  Was 
One  of  the  Actors. 


John  Armstrong  Chaloner  has  written  a  play  entitled  "Robbery 
Under  Law"  to  illustrate,  as  he  says,  the  mischief  of  lunacy  proceed 
ings  in  New  York  State.  When  he  finished  the  play  last  fall  he  sent 
it  through  friends  to  a  reader  for  a  city  theatrical  manager.  It 
was  rejected  by  the  reader,  who  criticized  it  as  "far-fetched  and 
sensational  in  plot,  the  behaviour  of  the  characters  being  highly 
unconvincing  under  all  circumstances."  Mr.  Chaloner  says  the  rejec 
tion  is  a  prime  literary  asset  to  him,  as  practically  all  the  characters 
in  the  play  and  all  the  scenes  are  from  life,  relating  his  own  experi 
ences  under  the  lunacy  law.  So  he  has  published  the  play  in  book 
form,  together  with  other  of  his  writings. 

The  Virginia   Tragedy. 

In  the  dramatization  Mr.  Chaloner  poses  as  chief  character,  with 
the  name  of  Hugh  Stutfield  of  Rokeby,  Albemarle  County,  Va.,  and 
New  York,  millionaire  art  patron  and  law  writer.  James  Lawless 
of  New  York,  rejected  suitor  of  Viola  Cariston,  who  loves  Stutfield; 
Winston  Blettermole,  cousin  and  heir-at-law  of  Stutfield;  Belisarius 
P.  .Splnk,  a  learned  and  unscrupulous  New  York  lawyer,  and  Albert 
Wedge,  an  inventor,  are  the  other  important  characters  in  the  play. 

Viola  and  the  love  romance  woven  about  her  are  dramatic  inven 
tions;  but,  Mr.  Chaloner  says,  the  other  characters  correctly  portray 
relatives  and  others  who  had  him  placed  in  "Bloomingdale"  Asylum, 
from  which  he  escaped  after  he  had  been  kept  there  nearly  four  years, 
and  that  many  of  the  utterances  in  the  play  were  made  by  actual 
persons  in  the  proceedings  against  him. 

The  play  opens  at  Rokeby,  Stutfield's  Virginia  Place,  where  iStut- 
field  is  visited  by  Viola,  accompanied  by  Mrs.  Bullard  and  her  little 
daughter,  wife  and  child  of  an  English  machinist.  Bullard  had  beaten 
his  wife  until  she  had  resolved  to  obtain  a  divorce  from  him  and 
Viola  had  taken  her  to  Rokeby  to  consult  Stutfield  as  a  lawyer. 

While  they  are  talking,  Bullard  enters.  He  attacks  his  wife  with 
a  pair  of  tongs.  Stutfield  springs  to  her  relief  and,  after  a  prolonged 
encounter,  a  pistol  for  which  Stutfield  and  Bullard  have  been  strug 
gling,  is  discharged,  killing  Bullard.  This  act  is  said  to  reproduce 


244 

substantially  an  occurrence  in  which  John  Gillard,  an  English  wife- 
beater,  was  killed  by  a  pistol  in  the  hands  of  Gillard  and  Chaloner, 
while  Chaloner  was,  in  good  faith,  according  to  actual  verdict  of  a 
coroner's  jury,  trying  to  prevent  Gillard  from  shooting  Mrs.  Gillard. 

The  Lunacy  Plot 

Act  II.  brings  together  Lawless,  Blettermole  and  wife,  and  Lawyer 
Spink  in  the  Cariston  home,  where  Spink  unfolds  a  plan  by  which 
Stutfield  may  be  declared  insane  and  commtted  to  an  asylum  and 
his  fortune  of  $5,000,000  divided  among  his  relatives.  It  is  arranged 
that  Blettermole,  as  nearest  blood  relative,  and  Lawless,  as  "best 
friend,"  shall  apply  to  the  court  to  commit  Stutfield  to  an  asylum  as 
a  dangerous  lunatic,  a  maniac  with  suicidal  and  homicidal  tendencies. 
Stutfleld's  psychological  studies  and  manifestations  in  subconscious  or 
trance  utterances  were  to  be  points  against  him,  and  the  killing  of 
Bullard  a  supporting  incident. 

With  the  departure  of  the  conspirators  from  Cariston's,  Stutfield 
arrives  there.  He  talks  with  Viola  of  having  awakened  that  morning 
with  a  subconscious  depression  of  spirits,  which  warned  him  of 
trouble  for  himself  within  the  next  twenty-four  hours.  Lest  it  may 
affect  him  financially,  he  has  brought  with  him  in  his  saddle-bags 
$2,250,000,  the  proceeds  of  an  investment  in  a  needle-threading  inven 
tion  of  Wedge's  five  years  previously.  This  money  he  wishes  Viola 
to  put  away  for  him  in  her  safe.  As  no  one  will  know  of  the  deposit 
except  the  two  lovers,  Stutfield  wants  it  in  the  safe  in  order  that  no 
court  may  reach  it.  Stutfield  has  a  low  opinion  of  the  Bench,  which 
he  explains  at  length.  Viola  puts  the  money  in  the  safe.  Chaloner 
says  this  act  is  the  thinly  disguised  statement  of  cold,  hard  facts, 
barring  the  imaginary  love  motive. 

In   a   New    York   Hotel. 

Act  II.  opens  with  Stutfield  in  the  Hotel  Kensington,  New  York, 
where  he  is  visited  by  two  doctors,  who  profess  interest  in  his  powers 
as  a  medium.  He  g,oes  into  a  supposed  trance  for  their  benefit,  in 
which  he  denounces  both  of  them  as  rogues  and  hirelings.  The 
doctors  summon  three  manhandlers  to  seize  Stutfield  as  a  lunatic. 
Stutfield  drives  out  the  entire  party  at  the  point  of  a  pistol  and  says 
he  will  discuss  the  matter  the  next  afternoon.  This  scene,  Chaloner 
says,  is  almost  verbatim  and  actually  from  life. 

The  next  scene,  declared  to  be  practically  from  life,  Is  three 
months  later,  in  Stutfield's  cell,  "Fairdale"  asylum.  He  is  writing  a 
letter  to  Viola,  which  he  intendes  to  intrust  for  delivery  to  the  in 
ventor  Wedge,  whose  allowance  from  Stutfield  on  account  of  the 
needle-threading  invention  is  running  low  and  in  danger  of  stopping, 
and  who  has  been  admitted  frequently  to  the  asylum  to  call  on  Stut- , 
field,  because  the  asylum  authorities  look  upon  him  as  a  safe  visitor, 
being  only  an  inventor,  "without  much  good  sense." 


245 

This  letter  lays  out  a  plan  of  escape.  Viola  is  to  tell  her  father 
of  their  engagement  and  of  the  money  in  the  safe.  Capt.  Cariston, 
the  father,  is  to  have  access  to  that  money  to  pay  $2,500  to  Wedge; 
$2,500  each  to  three  ex-Confederate  veterans  not  too  old  to  shoot 
straight,  with  promise  of  as  much  more  the  day  they  land  Stutfleld 
safely  in  Virginia;  $1,250  to  the  owner  of  any  Norfolk  ocean-going 
tug,  that  sum  to  be  doubled  when  he  lands  Stutfield  on  the  Virginia 
coast;  $2,500  for  a  Connecticut  farmer,  a  friend  of  Wedge,  to  transport 
any  four  men,  behind  a  pair  of  speedy  horses,  from  the  "Fairdale" 
wall  to  the  Sound,  within  thirty  minutes.  There  the  party  will  take 
the  ocean-going  tug  and  head  for  Virginia. 

The  Escape. 

When  all  is  ready  Wedge  is  to  call  at  the  asylum,  bringing  with 
him  a  "quietus"  in  the  form  of  a  steel  harness,  which  will  handcuff, 
foot-bind,  gag,  blindfold  and  ear-muffle  its  wearer;  also  a  chain  and 
padlocks.  The  apparatus  is  intended  for  Pat  Sligo,  Stutfleld's  guard, 
with  whom  Stutfield  intends  to  pick  a  quarrel  in  the  asylum  woods. 
He  has  figured  out  how  he  can  choke  Sligo  into  insensibility  and 
then  bind  and  lock  him  so  that  Sligo  can  give  no  alarm,  see  nothing, 
hear  no  approaching  or  departing  footsteps  and  cannot  be  unharnessed 
except  by  long  filing. 

This  plan  is  carried  out  in  the  play  and  works  perfectly.  Chal- 
oner  says  it  is  "practically"  the  way  he  escaped  from  a  real  asylum, 
the  main  difference  being  that  the  fig;ht  with  the  keeper  took  place 
in  the  cell,  not  in  the  woods,  and  that  the  escape  from  the  asylum 
grounds  was  made  without  help  from  outside. 


New  York  Times.  June  25,  1915. 

FALLACIES    OF    THE    ALIENIST    IN    COURT 


Errors  of  His  Expert  Opinion  in  Contrast  With  the  Judgment 
of   Average  Common   Sense— A  Remedy  Proposed. 


New  York,  June  23,  1915. 
To  the  Editor  of  the  New  York  Times: 

We  cannot  but  regard  with  extreme  disfavor  and  denounce  with 
a  feeling  of  the  outraged  decency  of  our  profession  the  part  too 
frequently  acted  by  professional  alienists  when  called  upon  to  decide 
in  law  courts  the  legal  competency  of  individuals.  Upon  the  expressed 
opinion  of  these  insanity  experts  hang  often  the  issues  of  life  and 
death,  vast  property  interests,  or  the  freedom  or  incarceration  of  men 
and  women.  Need  I  mention  that  frequently,  for  some  considerable 
length  of  time,  the  testimony  given  by  prominent  alienists  in  the 
courts  of  this  city  has  been  of  such  a  character  as  to  bring  discredit 


246 

not  only  upon  themselves  but  upon  the  profession  to  which  they 
belong? 

Another  instance  where  a  man  of  world-wide  reputation  as  skilled 
in  the  treatment  and  diagnosis  of  insanity,  displaying  a  facile  weak 
ness,  sets  also  in  a  strong  light  the  untrustworthiness  of  much  of  the 
testimony  given  by  alienists.  A  number  of  years  ago  this  noted  New 
York  physician  was  called  upon  to  examine  a  young  man  who  had 
killed  another  with  an  axe  in  a  rural  district  up  the  State.  It  appears 
that  the  one  who  had  committed  the  murderous  assault  was  subject 
to  epileptic  fits,  and  the  physician,  after  an  examination,  gave  as  his 
expert  opinion  that  the  wielder  of  the  axe  was  a  psychic  epileptic,  and 
as  such  not  responsible  for  his  actions.  Soon  after  giving  this  opinion 
the  doctor  was  closeted  for  some  length  of  time  with  the  prosecuting 
attorney  on  the  case,  with  the  result  that  on  the  following  morning 
he  requested  of  the  court  the  privilege  of  revising  his  testimony,  which 
was  granted.  He  then  changed  it  so  that  it  would  appear  as  if  the 
act  was  deliberate,  the  perpetrator  hesitating,  with  the  axe  uplifted, 
before  he  struck  the  fatal  blow. 

Recently  an  object  lesson  in  a  disputed  insanity  case  was  pre 
sented  to  the  public  of  New  York  City,  when  John  Armstrong  Chaloner 
took  the  initial  steps  toward  having  himself  declared  legally  sane  in 
the  State  of  New  York.  For  some  time  past  Mr.  Chaloner  had  held 
the  disagreeably  anomalous  position  of  being  legally  insane  in  the 
State  of  New  York,  while  declared  legally  sane  in  Virginia.  This 
irregularity,  the  result  of  divergent  opinions  expressed  by  alienists 
simply  gives  additional  emphasis  to  a  suspicion  very  generally  enter 
tained  by  the  laity,  that  such  expert  opinions  are  worthy^  of  no  con 
sideration  whatever.  In  the  instance  just  mentioned  great  money 
interests  were  involved  which  doubtless  made  it  peculiarly  interesting 
to  others  as  well  as  insanity  experts. 

So  I  might  go  on,  almost  interminably,  citing  case  after  case, 
equally  flagrant,  not  limited  to  the  city  or  State  of  New  York,  but 
co-extensive  with  the  entire  country.  Surely  there  must  be  some 
remedy  for  a  crying  evil  which  has  not  only  resulted  in  numerous 
acts  of  injustice  being  done,  but  has  also  brought  contempt  upon  a 
noble  profession. — Dr.  Samuel  W.  Smith,  formerly  New  York  State 
Commissioner  in  Lunacy. 


Brooklyn,  N.  Y.  Times,  June  29,  1915. 

John  Armstrong  Chaloner,  who  escaped  from  Bloomingdale  sev 
eral  years  ago,  has  written  a  book  to  show  that  the  insanity  laws  in 
this  country  are  all  wrong.  Harry  Kendall  Thaw  is  of  the  same 
opinion. 


247 

New  York  Evening  Sun,  June  29,  1915. 

THE    SUN    DIAL. 

John  Armstrong  Chaloner  has  published  another  volume  proving 
he  is  sane.  We  would  rather  take  the  contention  for  granted  than  go 
into  the  book,  but  we  suppose  it  contains  a  chart  showing  the  Union 
marked  off  into  black  or  white  States,  indicating  where  the  cause  has 
triumphed  and  where  the  light  has  not  yet  shone. 


Boston,  Mass.,  Daily  Globe,  June  30,  1915. 

i 

John  Armstrong  Chaloner  has  published  a  play  "in  order  to  serve 
as  a  sort  of  propaganda  toward  the  cause  of  lunacy  reforms,  to  which 
the  writer  has  sacrificed  the  last  18  years  of  his  life,  come  March  13, 
1915."  It  is  called  "Robbery  Under  Law,"  and  if  it's  as  good  as  his 
"Who's  Looney  Now?"  telegram,  written  to  his  brother,  "Sheriff  Bob" 
Chanler,  when  the  latter's  marital  experiences  with  Mile.  Cavalieri 
became  known,  there  should  be  many  appreciative  readers. 


Meriden,  Conn.,  Journal  March  17,  1909. 

WAS  SHOT  DEAD.t 


Virginia  Husband  Who   Was  Beating  Wife. 

BATTLE  WITH  CHALONER. 


Amelie  Rives'  Divorced  Husband  Took  Woman's  Part. 


Charlottesville,  Va.,  March  17. — In  a  desperate  struggle  for  the 
possession  of  a  revolver  between  John  Armstrong  Chaloner,  once 
Chanler,  of  the  influential  New  York  family,  and  John  Gillard,  a 


tAbove  is  one  of  a  mass  of  notices  relative  to  the  Gillard  affair, 
which  "Who's  Looney  Now?"  ran  across  at  haphazard  recently.  It  is 
added  as  a  graphic  account  of  the  said  affair — the  stock  Associated 
Press  story  that  was  sent  out  at  the  time  by  their  representative  in 
Charlottesville,  Albemarle  county,  Va.  There  are  several  glaring  errors 
therein.  The  two  most  marked  being  that  (a)  Gillard  was  drunk;  (b) 
that  Gillard  was  pinioned  on  the  floor  by  three  men,  and  that  "Who's 
Looney  Now?"  "begged  Gillard  to  desist"  from  murdering  his  (Gil- 
lard's)  wife,  (a)  Gillard  was  a  total  abstainer,  did  not  drink,  smoke 
nor  use  tobacco  in  any  form,  (b)  The  battle  occurred  precisely  as 
described  in  Act  I,  Scene  I  in  Robbery  Under  Law,  except  that  Mr. 
Ernie  Money — not  the  negro  servant — not  "Bosco" — as  in  the  play — 
was  the  man  who  sprang  upon  and  threw  Gillard  when  "Who's  Looney 
Now?"  was  temporarily  hors  de  combat. 


248 

powerful  Englishman,  at  the  Chaloner  home  near  here  Monday  night, 
Gillard  was  killed  by  a  shot  from  the  weapon. 

Chaloner  had  entered  his  dining  room  to  find  Gillard  beating  Mrs. 
Gillard  with  a  pair  of  tongs.  The  woman's  assailant  was  raining 
savage  blows  on  her  head,  and  would  have  had  her  life  within  a 
moment  or  two. 

A  coroner's  jury  of  substantial  farmers  wholly  absolved  Chaloner 
yesterday  from  all  blame  in  the  tragedy.  The  people  of  this  section 
are  unanimous  in  praising  Chaloner  for  his  courage  in  unhesitatingly 
entering  an  unequal  combat  to  protect  a  woman,  mother  of  seven  chil 
dren,  and  poor  to  destitution.  The  big  family  of  children  witnessed 
the  death  of  their  father. 

The  tragedy  adds  one  more  dramatic  episode  to  Chaloner's  stranyc 
career,  in  which  is  blended  with  it  romance,  love,  madness,  intense 
hatred  of  kinsmen,  and  a  probably  unparalleled  battle  in  the  courts 
of  several  States  for  a  legal  decree  restoring  to  him  the  rights  of  a 
sane  person.  The  romance  had  its  ending  in  a  divorce  by  Amelie 
Rives,  the  novelist,  now  living  in  New  York,  and  wife  of  Prince  Pierre 
Troubetzkoy,  Russian  artist,  because  of  incompatibility  of  temper. 

Chaloner  was  never  under  even  technical  arrest  for  his  part  in 
the  death  of  Gillard.  The  man,  given  to  drink  and  violence  toward 
his  family,  has  been  a  pensioner  of  Chaloner,  because  of  pity  for  the 
wife  and  helpless  children.  Only  recently  his  benefactor  had  notified 
him  that  he  would  be  given  a  mule,  in  order  that  he  might  earn  more 
for  his  family. 

"Merry  Mills,"  Chaloner's  Albemarle  county  estate,  is  just  beyond 
Cobham,  near  here.  Gillard's  home  is  near  Campbells,  two  miles 
distant  from  the  Chaloner  house.  He  came  to  this  country  from  Aus 
tralia  two  years  ago;  lived  a  short  time  at  Richmond,  moving  thence 
to  his  late  home. 

It  was  notorious  in  the  community  that  he  habitually  maltreated 
his  wife  and  children.  Mrs.  Gillard  had  appealed  several  times  to 
Chaloner,  who  had  talked  with  her  husband  about  his  drinking  and 
his  evil  nature.  , 

The  master  of  "Merry  Mills"  was  entertaining  a  guest,  Ernie  G. 
Money,  when  Mrs.  Gillard  and  her  children,  the  oldest  a  boy  of  four 
teen,  were  admitted  to  the  dining  room  by  a  servant.  They  were 
announced,  but  Chaloner  lingered  a  while  upstairs  with  his  guest. 
Meanwhile  Gillard,  in  pursuit  of  his  wife,  forced  his  way  into  the 
house  and  into  the  dining  room.  „ 

Wild  with  drink  and  rage,  he  seized  a  pair  of  heavy  tongs  and 
began  beating  his  wife  over  the  head.  Alarmed  by  the  screams  of  the 
woman,  her  children  and  the  servants,  Chaloner  and  Money  ran  down 
to  the  dining  room. 

Gillard  was  holding  his  wife  by  the  hair,  meanwhile  striking  her 
again  and  again.  The  woman  was  covered  with  blood.  Chaloner,  his 
guest,  and  a  colored  man  servant  grasped  the  madman,  while  Chaloner 


249 

begged  him  to  desist  in  his  murderous  attack.  Gillard,  powerful  and 
frenzied,  fought  so  desperately  that  the  three  men  were  all  but  ex 
hausted  and  were  hardly  able  to  hold  him. 

They  finally  pressed  him  to  the  floor,  his  arms  and  legs  pinioned 
by  their  hands.  The  colored  servant  was  sent  for  a  rope  with  which 
to  bind  him.  Chaloner  had  brought  down  a  revolver,  and  as  Money 
held  the  winded  giant  he  stood  by  with  the  revolver,  hoping  to  intimi 
date  him. 

Before  the  servant  could  return,  Gillard  broke  from  Money,  sprang 
upon  Chaloner  and  grasped  the  revolver.  Intent  upon  murdering  his 
wife,  he  tried  to  bring  the  weapon  in  line  to  fire  it  at  the  terrorized 
woman.  As  Chaloner  and  the  maniac  struggled  for  possession  of  the 
revolver,  it  discharged.  Gillard  fell  dead,  shot  through  the  heart. 

No  one,  not  even  Chaloner,  appears  to  know  who  pressed  the 
trigger,  so  fierce  and  close  was  the  struggle,  but  Mrs.  Gillard  says  she 
is  quite  sure  that  her  husband  sent  the  missile  through  his  own  heart. 

The  condition  of  the  dining  room  which,  with  the  body,  was  left 
until  yesterday  just  as  it  was  when  death  ended  the  battle,  in  order 
that  the  authorities  might  see  it,  fully  corroborated  the  testimony  of 
the  witnesses.  The  furniture  was  turned  topsy  turvy  and  was  broken; 
the  big  tongs,  bent  from  the  blows,  were  covered  with  blood  and 
matted  hair.  The  woman's  hat,  parts  of  her  clothing  and  her  hair 
pins  were  scattered  all  about. 

Immediately  after  Gillard  met  death,  Quintus  L.  Williams,  magis 
trate,  was  summoned,  as  was  the  coroner.  The  inquest  was  held  yes 
terday,  Mrs.  Gillard  and  her  oldest  son  testifying  for  Chaloner.  The 
woman  showed  many  wounds  from  the  murderous  beating. 

She  testified  that  she  had  been  badly  beaten  on  the  preceding  Satur 
day  and  Sunday,  and  that  her  husband  had  declared  he  would  kill  her. 
He  became  violent  again  and,  taking  her  brood  with  her,  she  had  fled 
to  "Merry  Mills"  to  ask  Mr.  Chaloner's  protection.  'She  asserted  that 
Mr.  Chaloner  and  the  others  had  tried  to  pacify  her  husband,  had 
tried  to  avoid  injuring  him  and  had  told  him  that  they  merely  in 
tended  handing  him  over  to  the  officers  of  the  law.  The  boy  corrobo 
rated  his  mother. 

Magistrate  Williams  had  declared  at  the  outset  that  Chaloner  had 
merely  done  that  which  any  brave  and  humane  man  would  have  done, 
and  his  statement  was  justified  by  the  jury  of  farmers  which  brought 
in  a  verdict  of  accidental  death,  exonerating  Chaloner,  Money  and  the 
servant. 


New  York  Staats  Zeitung,  June  29,  1915. 

A  REVEALING  BOOK  ABOUT  CHALONER. 

John  Armstrong  Chaloner,  the  originator  of  the  great  question 
"Who's  Looney  Now?"  depicts  in  a  book  now  to  be  obtained  on  the 
news  stands,  his  experiences,  his  assignment  to  "Bloomingdale,"  his 


250 

flight  and  his  rehabilitation  in  the  State  of  Virginia.  He  is  anxious 
to  spread  abroad  the  information  that  the  Lunacy  Laws  in  the  State 
are  full  of  flaws  and  pernicious. 


The  Globe,  New  York,  July  1€,  1915. 

THAW,  FREE  ON  $35,000  BAIL,  LEAVES  NEW  YORK 


HENDRICK  ASSAILS  ALIENIST  WITNESS 


In  Confirming  Verdict  of  Jury,  Justice  Declares  Testimony  by 

Doctor    (Austin  Flint,   Senior)   Who   Helped  Prepare  Case 

Is   Evil  Which   Should   Be   Cured. 


Harry  K.  Thaw  was  to-day  declared  sane  by  Justice  Hendrick  and 
freed  from  custody  in  $35,000  bail  pending  appeal  from  the  justice's 
decision  by  the  attorney  general. 

Thaw's  bond  was  signed  shortly  before  1  o'clock  and  he  Immedi 
ately  started  for  Pennsylvania  in  an  automobile. 

Justice   Hendrick's   Opinion. 

Justice  Hendrick  said  he  based  his  decision  that  Thaw  was  sane 
on  his  own  judgment,  fortified  by  the  advice  of  a  very  intelligent  jury. 
"We  have  had  men  here  from  New  Hampshire,  not  alienists,  but  men 
of  large  experience,  who  know  the  difference  between  a  sane  and  an 
insane  man.  We  have  had  women  here  of  undoubted  high  repute  who 
also  testified  that  this  man  is  sane,"  said  Justice  Hendrick  in  his 
decision.  The  testimony  of  these  people  impressed  me  very  much. 

"We  have  been  told  by  one  alienist  that  it  was  impossible  for  a 
layman  to  determine  whether  or  not  a  man  has  paranoia;  that  only  an 
alienist  could  determine  that. 

"I  want  to  say  here  a  word  about  alienists  in  our  courts — that  it 
is  fast  becoming  a  scandal.  If  this  court  and  jury  are  to  depend  upon 
the  opinion  of  alienists  who  have  made  it  their  business  for  years 
for  pay  to  render  what  they  term  expert  testimony  I  want  to  say  that 
opinion  to  me  has  no  value. 

An  Evil  To  Be  Cured. 

"The  idea  that  a  doctor  of  repute  should  interview  witnesses  and 
publish  his  opinion  in  the  public  prints  and  help  in  the  preparation 
of  a  case  and  then  go  on  the  witness  stand  is  a  state  of  affairs  that 
must  be  remedied. 

"If  the  medical  profession  does  not  cure  this  evil  I  hope  the  legis 
lature  soon  will. 

"I  have  adopted  the  vedict  of  the  jury,  and  it  is  the  opinion  of 
this  court  that  Harry  K.  Thaw  is  sane." 


251 

New  York  City  Call,  July  21,  1915. 

THAW  "SANE   ALL  OVER,"   SAYS  ATTORNEY  GENERAL. 


Harry  K.  Thaw  at  the  present  time  is  "sane  all  over,"  geographi 
cally  speaking,  it  was  said  at  the  Attorney  General's  offices  at  299 
Broadway,  yesterday,  when  an  opinion  was  requested  as  to  Thaw's 
present  legal  status. 

"As  matters  now  stand,"  Deputy  Attorney  General  Edgar  A. 
Bromberger  said,  in  answer  to  a  question,  "Thaw  has  the  privilege, 
for  instance,  of  bringing  a  suit  for  divorce  from  Evelyn  Nesbit  in 
Pittsburg." 

"Is  he  at  liberty  to  come  back  here  and  sue  for  divorce  in  New 
York  State?" 

"I  suppose  so,"  answered  Mr.  Bromberger. 

"What  procedure  is  necessary  here,"  Mr.  Bromberger  was  asked 
further,  "in  order  to  have  Thaw  placed  in  the  same  legal  position  in 
which  John  Armstrong  Chaloner  stands — insane  in  this  State  and  sane 
outside  of  New  York?" 

"The  only  way  that  could  be  brought  about,"  Mr.  Bromberger 
answered,  "would  be  an  Appellate  Court  reversal  of  Justice  Hendrick's 
recent  decision  declaring  Thaw  sane.  In  other  words,  if  the  appeal 
which  the  Attorney  General  has  taken  is  sustained  by  the  higher  court, 
then  Harry  Thaw  will  be  legally  insane  in  New  York  State.  There  is 
no  other  way  of  having;  him  declared  legally  insane  in  this  State." 


New  York  Evening  Sun,  July  19,  1915. 

STATE    PLANS    TO    KEEP    THAW    OUT    LIKE    OHALONER. 


Reversal  of  Hendrick  Ruling  Would  Make  Pittsburgher  "  Insane " 

in   New  York. 


WOULD  FORFEIT   BAIL  AND  BE  A  FUGITIVE. 


Hendrick  Won't  Comment  on  Foreman's  Remarks — Jurors 
At   Odds   With   Robinson. 


New  York  State  will  fight  to  put  Harry  K.  Thaw  in  the  same 
status  in  regard  to  his  sanity  as  that  of  John  Armstrong  Chaloner, 
author  of  the  famous  quip  "Who's  Looney  Now?"  Chaloner  is  "sane" 
in  Virginia,  but  "insane"  in  this  State. 

To  attain  this  result  the  State  legal  department  will  strain  every 
point  to  obtain  a  reversal  of  Justice  Hendrick's  findings  declaring 
Thaw  sane. 


252 

Hendrick  Is  Non-Committal. 

Justice  Hendrick  when  asked  this  afternoon  what  action  might  be 
taken  by  the  courts  in  view  of  the  remarks  of  Foreman  Robinson,  put 
the  affair  squarely  up  to  Attorney  General  Woodbury. 

"I  cannot  discuss  any  phase  of  this  case,"  he  said,  "except  to  say 
that  I  will  consider  any  move  that  comes  before  me.  I  could  not  pos 
sibly  discuss  now  any  action  I  might  take.  If  the  Attorney  General 
wishes  to  take  some  action  he  must  decide  for  himself  what  it  is  to  be. 
The  matter  rests  with  him." 

Justice  Hendrick  said  he  had  read  the  account  of  Foreman  Robin 
son's  remarks  and  added: 

"I  do  not  care  to  say  what  I  think  of  them." 

"Would  you  say  it  was  indiscreet  of  the  juror  to  follow  Thaw  to 
Atlantic  City  and  register  at  the  same  hotel  before  making  remarks 
that  show  he  disobeyed  your  instructions?" 

"If  others  think  it  was  indiscreet"  said  the  Justice,  "that  is  their 
opinion.  I  do  not  care  to  discuss  it." 

Case  In  The  Discard. 

When  asked  if  he  cared  to  say  how  much  he  had  been  influenced 
in  his  decision  by  the  jury  the  Justice  said: 

"There  is  my  decision.  I  do  not  care  to  add  to  it.  I  have  seen 
that  Mr.  Stanchfield  said  when  asked  about  the  case  that  it  is  now 
in  the  discard.  If  I  knew  the  legal  term  for  'in  the  discard'  that 
would  about  express  my  attitude.  I  am  anxious  to  be  through  with 
the  case.  I  want  to  get  away  to  my  country  place  as  soon  as  possible." 

The  Justice  refused  to  make  any  comment  as  to  how  serious  he 
regarded  the  violation  of  his  instructions  as  revealed  by  Robinson. 
He  said  any  action  he  might  take  in  holding  a  juror  accountable  for 
violated  instructions  in  the  Thaw  case  would  not  deviate  from  the 
usual  action  in  any  case. 

Deputy  Attorney  General  Edgar  A.  Bromberger  said  this  morning: 

"In  any  event  Thaw  cannot  be  extradited  even  if  the  appeal  goes 
against  him.  If  he  refused  to  return  his  bail  would  be  forfeited." 

If  Thaw  refused  to  return  to  New  York  in  case  the  appeal  were 
decided  against  him  he  would  find  himself  in  the  same  position  as 
John  Armstrong  Chaloner — sane  in  one  locality  and  insane  in  another. 

Maynard  Miller,  fur-dealer,  148  West  24th  Street,  said  this  morning 
to  a  reporter  for  the  Evening  Sun: 

"Now,  after  the  verdict  was  reached  we  discussed  the  murder,  not, 
however  in  connection  with  the  verdict  we  were  expected  to  render. 
WE  DECIDED  THAT  THAW  WAS  JUSTIFIED  IN  KILLING  STAN 
FORD  WHITE. 

I  should  add  that  the  thing  that  Influenced  us  most  next  to  the 
obvious  fact  of  Thaw's  sane  behavior  while  in  New  Hampshire,  was 
the  testimony  of  the  State's  alienists.  DR.  FLINT'S  TESTIMONY 
WE  REGARDED  AS  ABSURD  AND  SELF-CONTRADICTORY.  THE 


253 

STATE'S  OWN  ALIENISTS  DISAGREED  AS  TO  WHAT  FORM  OF 
INSANITY  THAW  MIGHT  BE  SUFFERING  FROM.  DR.  FLINT  DE 
CLARED  HE  WAS  INSANE  FROM  CONSTITUTIONAL  INFERI 
ORITY  AND  THAT  THIS  TROUBLE  IS  NOT  RECOVERABLE.  THEN 
IT  WAS  SHOWN  THAT  NINE  SUCH  CASES  OUT  OF  TEN  HAVE 
RECOVERED." 


"Justice  Hendrick  was  wise  in.  agreeing  with  the  advisory  jury 
that  Thaw  is  sane  now,  whether  he  may  have  been  in  former  years.  I 
agree  with  him  also  in  his  scathing  rebuke  of  the  alienists,  who  are 
willing  to  change  their  medical  opinions  according  to  their  fees.  An 
impartial  spectator  of  the  scenes  in  court  would  have  concluded  that 
the  lawyers  were  insane,  not  Thaw.  The  talk  of  the  Attorney  General 
about  taking  an  appeal — which  put  Thaw  under  bail,  instead  of  giving 
him  full  freedom — was  clearly  an  evidence  of  insanity,  and  POOR 
OLD  AUSTIN  FLINT,  WHO  COMMITTED  PROFESSIONAL  SUICIDE 
IN  THE  WITNESS  BOX,  should  have  thus  defined  it  on  the  usual 
terms.  The  Thaw  case  has  been  a  scandal  and  disgrace  for  many 
years,  maintained  solely  to  give  a  livelihood  to  certain  lawyers.  When 
he  was  acquitted  of  murder  on  the  ground  of  temporary  insanity  this 
ought  to  have  ended  the  case — and  would  have  ended  it  had  Thaw 
been  a  poor  man.  But  the  Thaw  millions  were  too  tempting  to  legal 
vultures,  who  fattened  upon  him  until  Counselor  Stanchfield  stopped 
their  game.  I  do  not  believe  that  any  friend  of  Stanford  White  ever 
instigated  the  continuous  persecution  of  Thaw,  who  had  only  obeyed 
the  unwritten  law  in  a  quarrel  over  a  shameless  hussy,  who  mis 
chievously  stirred  up  trouble  between  the  two  men,  going  from  one  to 
the  other  as  suited  her  purposes.  She  supplied  the  lawyers  with 
material  to  harass  Thaw,  and  she  has  done  much  mischief  and  cost 
the  State  and  Mrs.  Thaw  much  money.  At  the  last  she  had  the  grace 
to  fall  ill  and  refuse  to  testify  against  her  husband,  and  she  asks  to 
be  let  alone  to  earn  a  living  on  the  stage — and  she  should  be  let  alone 
severely.  If  the  daily  papers  will  let  Thaw  alone  also,  he  will  have 
a  much  better  chance  to  redeem  himself  by  going  into  business  and 
leading  a  normal  life.  There  is  no  moral  in  the  story — which  has 
been  told  a  thousand  times  as  the  eternal  triangle — except  that  we 
should  have  one  court  brave  enough  to  choke  off  the  legal  and  alienistic 
jackals  that  misuse  the  law  to  prey  upon  their  victims." 

— Exchange,  July  22,  1915. 


254 
The  News-Leader,  Richmond,  Va.,  Saturday,  July  17,  1915. 


OHALONER   WRITES   ON   VERDICT   I3V   THAW  CASE 
Lord  of  Merry  Mills  Says  It  is  Epochal  and  Just. 


At  the  request  of  The  News  Leader,  John  Armstrong  Chaloner, 
who  is  legally  insane  in  New  York  and  sane  in  Virginia,  to-day  gave 
his  views  of  the  verdict  which  brought  about  the  liberation  of  Harry 
K.  Thaw.  Chaloner  came  to  Richmond  to-day  from  his  home,  "The 
Merry  Mills,"  Cobham.  He  characterized  the  decision  in  Thaw's  case 
as  "the  most  epochal  announcement  ever  made  by  any  judge,  at  any 
time,  in  any  lunacy  proceedings  in  any  country  now  on  record."  He 
laid  stress  on  the  court's  instructions  to  the  Thaw  jury  to  "totally 
disregard  the  preposterously  amusing  claim"  of  the  chief  alienist 
opposed  to  Thaw. 

His  statement  follows: 

(By  John  Armstrong  Chaloner.) 

This  epochal  verdict  has  three  bearings.  First,  regarding,  the 
verdict  itself.  Second,  regarding  the  charge  of  the  learned  Judge  Hen- 
drick.  Third,  regarding  the  evidence  adduced  at  the  trial. 

The  first  shows  the  intelligence  and  honesty  of  the  average 
American  jury.  Also,  that  trial  by  jury  is  truly  what  Sir  William 
Blackstone  termed  it  in  his  "Commentaries" — namely,  "The  bulwark 
of  our  constitutional  liberties."  The  second  shows  that  what  I,  as  a 
law-writer  have  maintained  since  my  book,  "The  Lunacy  Law  of  the 
World,"  first  appeared  in  1907,  finds  support  in  the  charge  to  the  jury 
of  Mr.  Justice  Hendrick — namely,  that  "the  test  of  sanity  is  a  mental 
test  wholly  within  the  power  of  the  accused  to  accomplish  and  without 
any  witnesses,  professional  or  lay,  to  back  him  up."  That  all  that  is 
needed  is  to  permit  the  accused  to  be  present  at  his  own  trial — as  I 
was  not  permitted  in  my  two  trials  in  New  York  in  1897  and  1899 — 
and  testify  in  his  own  behalf  in  rebuttal  to  the  charge  of  alienists 
opposed  to  him. 

Mr.  Justice  Hendrick's  charge  to  the  jury  specifically  stated — and 
this  was  the  gist  of  his  admirably  learned,  and  honorable,  and  unbiased 
charge — that  the  jury  was  to  totally  disregard  the  preposterously 
amusing  claim  of  Dr.  Austin  Flint,  Sr. — the  chief  alienist  opposed  to 
Thaw,  as  that  celebrated  gentleman  is  also  the  chief  alienist  opposed 
to  me — with  Dr.  Carlos  F.  MacDonald  a  close  second  in  both  Thaw's 
case  and  my  own — to  disregard  the  claim,  of  Dr.  Austin  Flint,  8r., 
"that  the  question  of  Thaw's  sanity  could  only  be  decided  by  alienists." 
As  a  law-writer  I  hail  with  joy  this  pronouncement  from  the  bench  by 
Justice  Hendrick;  and  da  not  hesitate  to  say  that  it  is  the  most 
epochal  announcement  ever  made  by  any  judge,  at  any  time,  in  any 
lunacy  proceedings  in  any  country  now  on  record.  As  The  News- 
Leader  has  heard,  I  have  sacrificed  eighteen  years  of  my  life  in  the 


255 

cause  of  lunacy  law  reform.  For  I  could  have  obtained  both  my  liberty 
and  my  property  so  far  back  as  1899.  This  is  not  generally  known, 
but  it  is  on  record  in  my  deposition  at  Charlottesville  in  1911-1912 
in  Chaloner  against  Sherman,  and  my  testimony  was  entirely  unshaken 
in  the  gruelling  cross-examination  supplied  me  by  my  redoubtable 
adversary  in  said  proceeding^,  former  Judge  R.  T.  W.  Duke,  Jr.,  lead- 
Ing  counsel,  with  the  late  learned  lawyer  John  B.  Moon,  of  Charlottes 
ville,  in  said  proceedings. 

The  testimony  I  brought  out  was  that  a  now  prominent  United 
States  senator — then  a  congressman — visited  me  in  my  cell  at  "Bloom- 
ingdale"  in  the  interest  of  the  Chanler  family — and  offered  me  my 
freedom  and  my  property  provided  I  would  let  the  matter  drop — hush 
the  matter  up  in  the  courts.  This  I  declined  to  do,  and  the  result  is 
that  I  am  now  in  my  nineteenth  year  of  my  quest  of  the  Holy  Grail — 
in  my  case  the  restoration  of  my  property. 

Heretofore  it  has  been  practically  the  universal  custom  in  lunacy 
proceedings  in  New  York,  and  some  forty  per  cent,  of  the  States  of 
the  Union,  to  either  try  a  man  in  absentia — in  his  absence  from  the 
courtroom — as  was  the  case  in  both  my  trials  in  New  York — or — when 
present — to  take  the  say-so  of  the  hostile  alienists,  disregarding  practi 
cally  utterly  the  language  and  bearing  of  the  accused  upon  the  stand. 
The  theory  being  that  insanity  was  so  technical  a  thing  that  none  but 
experts  could  pronounce  upon  it. 

No  one,  for  an  instant,  can  compare  insanity — technical  as  that 
is — with,  say,  chemistry,  for  technicality.  Take  the  case  of  a  murder 
trial,  where  the  g,ist  of  the  evidence — for  or  against  the  accused — con 
sists  in  the  chemical  contents  of  the  murdered  man's  stomach,  at  the 
time  of  the  crime.  Whether  or  not  it  contained  poison — and  if  poison 
sufficient  to  cause  death.  Chemical  formulas  are  the  most  technical 
things  on  earth — so  technical  that  not  one  college  graduate  out  of  a 
thousand  can  keep  them  in  his  head  a  year  after  graduation,  and  yet 
the  innocence  or  guilt  of  the  accused,  in  said  murder  trial,  hangs  en 
tirely  upon  chemical  formulas,  which  are  given  to  the  jury;  and  the 
jury — the  majority  of  which  is  certainly  not  college  graduates  and 
therefore  utterly  unfamiliar  with  same — the  jury  is  called  upon  to 
decide  the  guilt  or  innocence  of  the  accused  upon  such  a  thing  as 
"H20,"  and  yet  no  one  was  ever  heard  to  maintain  that  a  jury  was 
incapable  of  bringing  in  a  verdict  of  innocent  or  guilty  based  entirely 
upon  their  opinion  of  the  chemical  formulas  brought  forward  by  the 
Commonwealth's  Attorney  and  the  counsel  for  the  defense. 

Nevertheless,  in  insanity  trials  the  alienists  have  heretofore — 
before  the  enlightened  ruling  aforesaid  of  Mr.  Justice  Hendrick  in 
the  Thaw  case  been  able  to  throw  dust  in  the  eyes  of  the  court,  the 
jury,  and  the  public,  by  shouting  in  unison,  "Insanity  is  too  technical 
to  be  decided  by  any  but  an  expert  in  insanity."  This  bugaboo  is 
forever  laid  at  rest  by  Justice  Hendrick. 

The  third  bearing  of  said  proceedings  in  the  Thaw  case  proves 
the  truth  of  what  I  have  steadily  maintained  in  season  and  out  of 


256 

season,  during  my — come  September  next — three  years'  monthly  course 
of  lectures  at  the  Rex  theatre  here — on  "Topics  of  National  Import 
ance" — namely,  that  the  sole  and  only  insane  act  Thaw  was  ever 
proved  guilty  of  was  the  shooting  of  Stanford  White;  that  I  have 
always  maintatined  was  done  in  a  fit  of  temporary  insanity  upon  the 
part  of  Thaw.  No  other  insane  act  has  ever  been  proved  agaitist  the 
Pittsburger.  My  reason  for  honestly  stating  that  that  act  was  an  in 
sane  act  in  Thaw's  case  is  as  follows:  Thaw  was,  at  that  time  what 
is  usually  known  as  a  "high-roller."  His  manner  and  bearing  showed 
the  effects  of  his  irregular  life.  He  was  nervous  and  quite  the  reverse 
of  calm  in  his  manner  and  bearing  before  the  shooting.  In  striking 
contrast  to  his  usual  manner  was  his  bearing  when  the  shooting 
occurred.  Nothing  could  have  been  calmer  than  his  manner  immedi 
ately  preceding,  during,  and  immediately  subsequent  to  that  act.  Now 
calmness  is  one  form  of  insanity — is  the  outward  visible  sign  of  an 
insane  mind.  During  the  nearly  four  years  of  my  incarceration  at 
"Bloomingdale"  I  had  ample  opportunity  of  studying  the  various  forms 
of  insanity,  and  nothing  could  have  been  calmer  than  the  aspect  and 
general  bearing  of  a  large  number  of  my  insane  "colleagues"  in  that 
institution.  Hence,  I  infer  that  Thaw's  act  aforesaid  was  the  act  of 
a  temporarily  insane  man — since  his  manner  during  said  act  was  in 
complete  and  total  contradiction  to  his  usual  manner  before  the  said 
act. 

In  June,  1917 — when  my  case  now  pending  on  appeal  before  the 
United  States  Supreme  Court,  will  come  on  for  hearing — I  look  forward 
— supported  by  the  law  and  the  facts  in  Chaloner  against  Sherman 
to  the  same  happy  issue  out  of  my  afflictions,  which  now — on  the 
evidence — awaits  Thaw. 


The  News-Leader,  Richmond,  Va.,  Monday,  August  16,  1915. 


CHALONER    NOW    PUTS   HIMSELF   IN   GEOGRAPHICAL   LUNA 
TIC  CLASS. 


Harry  K.  Thaw,  slayer  of  Stanford  White,  may  be  the  most  famous 
lunatic  in  the  world.  He  has  occupied  the  spotlight  for  many  year?, 
but  he's  a  piker  when  compared  with  John  Armstrong  Chaloner,  author 
of  the  famous  "Who's  Looney  Now?"  telegram. 

Mr.  Chaloner  offers  strenuous  objection  to  the  desire  of  the  New 
York  papers  to  put  Thaw  in  a  class  with  him.  The  master  of  "Merry 
Mills"  claims  the  field  all  by  himself.  He  offers  The  News-Leader  in 
dubitable  proof  to  back  up  his  contention  that  his  unique  position  in 
the  eyes  of  the  law  is  shared  by  no  other  man. 

Mr.  Chaloner  is  the  only  man  in  the  United  States,  he  contends, 
so  far  as  the  records  show,  who  has  been  termed  a  "geographical 


257 

lunatic" — a  man  whose  lunacy  depends  on  State  lines — a  madman  in 
New  York — a  sane  man  everywhere  else. 

The  owner  of  "Merry  Mills"  still  lays  claim  to  the  championship 
of  this  class.  In  this  respect  Harry  K.  Thaw  is  to  be  regarded  as  a 
"white  hope."  Mr.  Chaloner  holds  the  crown  alone  and  he  does  not 
relish  the  idea  of  sharing  his  laurels  with  Stanford  White's  slayer. 

A  lawyer  by  profession,  his  mind  active,  keen  and  alert,  the  fact 
that  he  has  been  declared  insane  to  the  contrary  notwithstanding,  Mr. 
Chaloner  has  never  let  up  in  his  attacks  on  the  persons  and  the  meth 
ods  used  to  place  him  in  the  position  he  now  occupies,  and  to-day  he 
gave  The  News-Leader  a  further  discussion  of  Justice  Hendrick's  de 
cision  in  the  Thaw  case,  at  the  same  time  challenging  Thaw's  right  to 
be  placed  in  a  class  with  himself.  Mr.  Chaloner  gave  out  the  following 
information  to-day: 

"The  following  clipping  has  just  reached  me  from  my  news  clipping 
bureau,  showing  that  there  is  a  strong  desire  on  the  part  of  certain 
New  York  papers  to  put  Thaw  in  my  class — a  class  which  has  been 
well  termed  that  of  the  'geographical  lunatic' — a  man  whose  lunacy 
depends  on  State  lines — a  madman  in  New  York,  a  sane  man  every 
where  else.  I  now  insert  the  said  clipping: 

'New  York  City  Call,  July  31,  1915. 

"Thaw   Sane  All  Over,"   Says  Attorney  General. 

"Harry  K.  Thaw  at  the  present  time  is  'sane  all  over,'  geographi 
cally  speaking,  it  was  said  at  the  Attorney  General's  offices  at  299 
Broadway  yesterday,  when  an  opinion  was  requested  as  to  Thaw's 
present  legal  status. 

"  'As  matters  now  stand,'  Deputy  Attorney  General  Edgar  A.  Brom- 
berger  said,  in  answer  to  a  question,  'Thaw  has  the  privilege,  for  in 
stance,  of  bringing  a  suit  for  divorce  from  Evelyn  Nesbit  in  Pitts 
burgh.' 

"  'Is  he  at  liberty  to  come  back  here  and  sue  for  divorce  in  New 
York  State?' 

"  'I  suppose  so,'  answered  Mr.  Bromberger. 

"  'What  procedure  is  necessary  here,'  Mr.  BTomberger  was  asked 
further,  'in  order  to  have  Thaw  placed  in  the  same  legal  position  in 
which  John  Armstrong  Chaloner  stands — insane  in  this  State  and  sane 
outside  of  New  York?' 

"  'The  only  way  that  could  be  brought  about,'  Mr.  Bromberger 
answered,  'would  be  an  appellate  court  reversal  of  Justice  Hendrick's 
recent  decision  declaring  Thaw  sane.  In  other  words,  if  the  appeal 
which  the  attorney  general  has  taken  is  sustained  by  the  higher  court, 
then  Harry  Thaw  will  be  legally  insane  in  New  York  State.  There  is 
no  other  way  of  having  him  declared  legally  insane  in  this  iState.' " 

The  above  article  introduces  two  things: 

First.  New  matter  which  has  not  appeared  in  any  Richmond  paper, 


258 

which  I  have  seen,  concerning  Justice  Hendrick's  real  reason  for  de 
ciding  in  favor  of  Thaw  at  the  recent  trial. 

Second.  It  brings  to  the  legal  mind  the  question,  "What  chance 
has  the  attorney  general  of  New  York  to  win  his  appeal  against  the  de 
cision  of  Justice  Hendrick?" 

Referring  to  point  (1).  Mr.  Justice  Hendrick  said  he  based  his 
decision  that  Thaw  was  sane  on  his  own  judgment  "fortified  by  the 
advice  of  a  very  intelligent  jury."  He  then  went  on  to  say: 

"We  have  had  men  here  from  New  Hampshire,  not  alienists,  but 
men  of  large  experience,  who  know  the  difference  between  a  sane  and 
an  insane  mn.  We  have  had  women  here  of  undoubted  high  repute 
wJho  also  testified  that  this  man  is  sane.  The  testimony  of  these 
people  impressed  me  very  much. 

"We  have  been  told  by  one  alienist  (Dr.  Austin  Flint,  Sr.,)  that  it 
was  impossible  for  a  layman  to  determine  whether  or  not  a  man  has 
paranoia;  that  only  an  alienist  could  determine  that. 

"I  want  to  say  here  a  word  about  alienists  in  our  courts — that  it 
is  fast  becoming  a  scandal.  If  this  court  and  jury  are  to  depend  upon 
the  opinion  of  alienists  who  have  made  it  their  business  for  years  for 
pay  to  render  what  they  term  expert  testimony,  I  want  to  say  that 
opinion  to  me  has  no  value. 

"The  idea  that  a  doctor  of  repute  should  interview  witnesses  and 
publish  his  opinion  in  the  public  prints  and  help  in  the  preparation 
of  a  case  and  then  go  on  the  witness  stand  is  a  state  of  affairs  that 
must  be  remedied. 

"//  the  medical  profession  does  not  cure  this  evil,  I  hope  the  legis 
lature  soon  will. 

"I  have  adopted  the  verdict  of  the  jury,  and  it  is  the  opinion  of 
this  court  that  Harry  K.  Thaw  is  sane." 

Taking  up  now  point  (2). 

"What  chance  has  the  Attorney  General  of  New  York  to  win  his 
appeal  against  the  decision  of  Justice  Hendrick?  As  a  lawyer,  I  never 
was  more  surprised  in  my  life  than  when  I  read  that  the  New  York 
attorney  general  had  taken  an  appeal.  This  appeal  is  entirely  based 
on  a  reporter's  statement  of  what  the  foreman  of  the  jury  told  him. 
In  the  first  place,  the  foreman  of  the  jury  entirely  denies  the  truth  of 
the  reporter's  statement.  Also,  all  the  other  jurymen  who  have  been 
interviewed  deny  it,  so  far,  at  least,  as  they  themselves  are  concerned. 

Herein  lies  the  absurdity  of  the  New  York  attorney  general's 
appeal : 

To  drop  into  the  vernacular  "it  cuts  absolutely  no  ice"  what  any 
or  an  of  the  jury  thought,  did,  or  said,  in  the  premises,  for,  as  The 
News-Leader  well  knows,  the  jury  had  no  real  authority  in  the  decsion. 
By  special  arrangement,  the  decision  as  to  Thaw's  sanity  or  insanity 
was  left  solely  and  entirely  to  Mr.  Justice  Hendrick,  with  full  authority 
to  override  the  verdict  of  the  jury  whatever  that  might  be. 

The  jury  sat  purely  and  solely  in  an  advisory  capacity.     So  far 


259 

as  I  know,  as  a  lawyer,  this  is  the  first  time  it  has  occurred  in  the 
history  of  law.  In  this  unique  case  the  facts,  as  well  as  the  law,  were 
in  the  hands  of  Justice  Hendrick  to  decide  as  seemed  best  to  him. 

If  this  is  so — and  The  News-Leader  knows  it  is  so — the  distin 
guished  New  York  attorney  general  is — as  we  lawyers  say — left  "with 
out  a  leg  to  stand  on." 

Justice  Hendrick's  opinion,  which  has  been  cited  above  gives  full, 
ample  and  most  learned  grounds  for  him  to  find  as  he  did,  namely,  arf 
to  Thaw's  entire  and  complete  sanity  since  he  killed  White. 

That  the  jury  happened  to  coincide  with  Mr.  Justice  Hendrick  s 
said  opinion,  spoke  well  for  the  intelligence  and  perspicacity  of  the 
jury.  That  was  all:  it  did  not  give  Thaw  his  liberty.  What  gave  Thaw 
his  liberty  was  the  conviction  of  Mr.  Justice  Hendrick  that  Thaw  is 
sane. 

In  the  premises  any  lawyer  would  conclude  that  the  appeal  of  the 
New1  York  attorney  general  must  fall  to  the  ground  and  thereupon, 
Thaw  will  have  perfect  liberty  to  go  and  come  to  New  York  as  he 
chooses  and  cannot  be  termed  a  "geographical  lunatic." 


The  News-Leader,  Richmond,  Va.,  July  20,  1915. 

EXTRA!    EXTRA!    CHALONER    HAS    GONE    INTO    THE    JITNEY 

BUSINESS. 


Ix>rd  of  "  Merry  Mills  "  and  Unremitting  Foe  of  Speeding  Autoists 

Purchases  Car  To-day  and  Enjoys  the  Joke.     His  Jitney 

Will  Run  in  Albemarle  County,  Where  He 

Made  "Road  Hogs"  Live  Hard. 


John  Armstrong  Chaloner  to-day  bought  an  automobile. 

(That  ought  to  be  worth  a  smile.) 

The  car  will  be  placed  in  service  as  a  jitney. 

(That  line's  surely  worth  a  laugh.) 

Even  Chaloner  himself,  propounder  of  "Who's  Looney  Now?"  mas 
ter  of  "The  Merry  Mills,"  and  all  that,  had  to  laugh  when  he  told  The 
Newsreader  about  it. 

It's  a  considerably  better  joke  than  the  average  when  one  recalls 
that  until  very  lately  Chaloner  drove  armed  in  a  horse-drawn  vehicle 
over  Albemarle  county  roads  determined  to  hold  up  at  the  point  of 
his  sawed-off  shotgun  any  automobilist  that  was  rash  enough  to  try 
to  crowd  him  and  his  horse  into  the  ditch.  "Road  hogs,"  was  Chalo- 
ner's  contemptuous  designation  of  auto-owners.  One  of  his  favorite 
pastimes  was  neatly  planting  bullets  in  the  tires  of  automobiles  that 
exceeded  the  speed  limit.  Speeding,  then  became  a  flat  failure. 

Famous  for  many  reasons,  among  them  that,  a  millionaire,  he  is 
legally  a  lunatic  in  New  York  and  sane  in  Virginia,  Chaloner's  violent 


260 

antipathy  to  automobiles  received  wide  publicity,  and  "road  hogs" 
soon  made  it  a  habit  to  take  to  the  ditch  and  allow  Chaloner  the  whole 
roadway.  Chaloner  would  not  ride  in  an  automobile  and  nearly  lost 
his  life  while  on  his  way  one  night  last  winter  to  a  theatre  in  this 
city,  where  he  was  scheduled  to  lecture.  He  was  in  a  horse-drawn 
cab  and  had  a  narrow  squeak  from  being  run  down  by  a  large  and 
swiftly  moving  automobile. 

To-day  the  sworn  enemy  of  "road-hogs"  is  the  proud  owner  of  a 
gas-propelled  vehicle.  He  wasn't  exactly  bragging  about  it,  being  rather 
in  an  explanatory  state  of  mind. 

"So,  you  are  turning  jitneur?"  Chaloner  was  asked. 

The  author  of  "Robbery  Under  Law,"  a  stirring  play  in  which 
Chaloner  intends  to  star  himself,  touring  the  country  in  a  tent,  ex 
plained  as  follows: 

"The  car — though  registered  in  my  name — is  not  for  me — far  from 
It.  It  is  merely  an  act  pro  bono  publico  upon  my  part.  Thus:  A  friend 
of  mine  at  Cismont,  one  and  one-half  miles  from  'The  Merry  Mills,'  is 
an  expert  engineer  and  can  take  an  automobile  to  pieces  and  set  it  up 
again  and  run  it. 

"There  is  a  wide  demand  on  the  part  of  the  ladies  in  that  section 
of  Albemarle  for  an  automobile  bus  line  from  Cismont  to  Charlottes- 
ville,  which  will  enable  them  to  shop  in  Charlottesville — fourteen  miles 
off — and  return,  without  being  bored  by  having,  to  drive  two  miles  to 
catch  a  train.  So  I  decided  to  advance  my  friend  rather  more  than 
half  the  price  of  the  car,  which  price  is  $515, t  he  paying  the  balance 
from  his  earnings. 

"This  is  a  development  of  the  jitney  business — of  which  I  highly 
approve,  and  use  here  in  Richmond.  I  am  not  interested  in  the  said 
bus  line  financially,  beyond  a  desire  to  see  my  money  again." 


Richmond,  Va.,  Journal,  July  7,  1915. 

CHALOXER   MAKES  SELF  HERO  OF  I>URID   DRAMA 


"  Robbery  Under  L«a\v,"  He  Says,  Is  An  Epitome  of  His  Fight 

Against  Lunacy   Proceedings — Much   of   the 

Dialogue  and  Some  Incidents  Real. 


The  New  York  World  prints  the  following: 

John  Armstrong  Chaloner  has  written  a  play  entitled  "Robbery 
Under  Law,"  to  illustrate,  as  he  says,  the  mischief  of  lunacy  proceed 
ings  in  New  York  State.  When  he  finished  the  play  last  fall  he  sent 
it  through  friends  to  a  reader  for  a  city  theatrical  manager.  It  was 
rejected  by  the  reader,  who  criticised  it  as  "far-fetched  and  sensational 


Ford  Touring  Car. 


261 

in  plot,  the  behavior  of  the  characters  being  highly  unconvincing 
under  all  circumstances."  Mr.  Chaloner  says  the  rejection  is  a  prime 
literary  asset  to  him,  as  practically  all  the  characters  in  the  play  and 
all  the  scenes  are  from  life,  relating  his  own  experiences  under  the 
lunacy  law.  So  he  has  published  the  play  in  book  form,  together  with 
other  of  his  writings. 

The    Virginia    Tragedy. 

In  the  dramatization  Mr.  Chaloner  poses  as  chief  character,  with 
the  name  of  Hugh  Stutfield,  of  Rokeby,  Albemarle  county,  Va.,  and  New 
York,  millionaire  art  patron  and  law  writer.  James  Lawless,  of  New 
York,  rejected  suitor  of  Viola  Cariston,  who  loves  Stutfield:  Winston 
Blettermole,  cousin  and  heir-at-law  of  Stutfield;  Belisarius  P.  Spink,  a 
learned  and  unscrupulous  New  York  lawyer,  and  Albert  Wedge  an 
inventor,  are  the  other  important  characters  in  the  play. 

Viola  and  the  love  romance  woven  about  her  are  dramatic  inven 
tions;  but,  Mr.  Chaloner  says,  the  other  characters  correctly  portray 
relatives  and  others  who  had  him  placed  in  Bloomingdale  Asylum, 
from  which  he  escaped  after  he  had  been  kept  there!  nearly  four1 
years,  and  that  many  of  the  utterances  in  the  play  were)  made  by 
actual  persons  in  the  proceedings  against  him. 

The  play  opens  at  Rokeby,  Stutfield's  Virginia  Place,  where  Stut 
field  is  visited  by  Viola,  accompanied  by  Mrs.  Bullard  and  her  little 
daughter,  wife  and  child  of  an  English  machinist.  Bullard  had  beaten 
his  wife  until  she  had  resolved  to  obtain  a  divorce  from  him  and 
Viola  had  taken  her  to  Rokeby  to  consult  Stutfield  as  a  lawyer. 

While  they  are  talking,  Bullard  enters.  He  attacks  his  wife  with 
a  pair  of  tongs.  Stutfield  springs  to  her  relief  and,  after  a  prolonged 
encounter,  a  pistol  for  which  Stutfield  and  Bullard  have  been  strug 
gling  is  discharged,  killing  Bullard.  This  act  is  said  to  reproduce 
substantially  an  occurrence  in  which  John  'Gillard,  an  English  wife- 
beater,  was  killed  by  a  pistol  in  the  hands  of  Gillard  and  Chaloner 
while  Chaloner  was,  in  good  faith,  according  to  actual  verdict  of  a 
coroner's  jury,  trying  to  prevent  Gillard  from  shooting  Mrs.  Gillard. 

The  Lunacy  Plot. 

Act  II  brings  together  Lawless,  Blettermole  and  wife  and  Lawyer 
Spink  in  the  Cariston  home,  where  Spink  unfolds  a  plan  by  which 
Stutfield  may  be  declared  insane  and  committed  to  an  asylum  and 
his  fortune  of  $5,000,000  divided  among  his  relatives.  It  is  arranged 
that  Blettermole,  as  his  nearest  blood  relative,  and  Lawless,  as  "best 
friend,"  shall  apply  to  the  court  to  commit  Stutfield  to  an  asylum  as 
a  dangerous  lunatic,  a  maniac  with  suicidal  and  homicidal  tendencies. 
Stutfield's  psychological  studies  and  manifestations  In  subconscious 
or  trance  utterances  were  to  be  points  against  him,  and  the  killing  of 
Bullard  a  supporting  incident. 

With  the  departure  of  the  conspirators  from  Cariston's  Stutfield 
arrives  there.  He  talks  with  Viola  of  having  awakened  that  morning 


262 

with  a  subconscious  depression  of  spirits,  which  warned  him  of  trouble 
for  himself  within  the  next  twenty-four  hours.  Lest  it  may  affect  him 
financially,  he  has  brought  with  him  in  his  saddlebags  $2,250,000,  the 
proceeds  of  an  investment  in  a  needle-threading  invention  of  Wedge's 
five  years  previously.  This  money  he  wishes  Viola  to  put  away  for 
him  in  her  safe.  As  no  one  will  know  of  the  deposit  except  the  two 
lovers,  Stutfield  wants  it  in  the  safe  in  order  that  no  court  may  reach 
it.  Stutfield  has  a  low  opinion  of  the  bench,  which  he  explains  at 
length.  Viola  puts  the  money  in  the  safe.  Chaloner  says  this  act  is 
the  thinly  disguised  statement  of  cold,  hard  facts,  barring  the  imagi 
nary  love  motive. 

In  a  New  York  Hotel. 

Act  III  opens  with  'Stutfield  in  the  Hotel  Kensington,  New  York, 
where  he  is  visited  by  two  doctors,  who  profess  interest  in  his  powers 
aa  a  medium.  He  goes  into  a  supposed  trance  for  their  benefit,  in 
which  he  denounces  both  of  them  as  rogues  and  hirelings.  The  doctors 
summon  three  manhandlers  to  seize  Stutfield  as  a  lunatic.  Stutfield 
drives  out  the  entire  party  at  the  point  of  a  pistol  and  says  he  wili 
discuss  the  matter  the  next  afternoon.  This  scene,  Chaloner  says,  is 
almost  verbatim  and  actually  from  life. 

The  next  scene,  declared  to  be  practically  from  life,  is  tnree  months 
later,  in  Stutfield's  cell,  "Fairdale"  asylum.  He  is  writing  a  letter  to 
Viola,  which  he  intends  to  intrust  for  delivery  to  the  inventor  Wedge, 
whose  allowance  from  Stutfield  on  account  of  the  needle-threading 
invention  is  running  low  and  in  danger  of  stopping,  and  who  has  been 
admitted  frequently  to  the  asylum  to  call  on  Stutfield,  because  the 
asylum  authorities  look  upon  him  as  a  safe  visitor,  being  only  an  in 
ventor,  "without  much  good  sense." 

This  letter  lays  out  a  plan  for  escape.  Viola  is  to  tell  her  father 
of  their  engagement  and  of  the  money  in  the  safe.  Captain  Cariston, 
the  father,  is  to  have  access  to  that  money  to  pay  $2,500  to  Wedge; 
$2,500  each  to  three  ex-Confederate  veterans,  not  too  old  to  shoot 
straight,  with  the  promise  of  as  much  more  the  day  they  land  Stutfleld 
safely  in  Virginia;  $1,250  to  the  owner  of  any  Norfolk  ocean-going 
tug,  that  sum  to  be  doubled  when  he  lands  Stutfield  on  the  Virginia 
coast;  $2,500  for  a  Connecticut  farmer,  a  friend  of  Wedge,  to  transport 
any  four  men,  behind  a  pair  of  speedy  horses,  from  the  "Fairdale" 
wall  to  the  Sound,  within  thirty  minutes.  There  the  party  will  take 
the  ocean-going  tug  and  head  for  Virginia. 

The  Escape. 

When  all  is  ready  Wedge  is  to  call  at  the  asylum,  bringing  with 
him  a  "quietous"  in  the  form  of  a  steel  harness,  which  will  handcuff, 
foot-bind,  gag,  blindfold  and  ear-muffle  its  wearer;  also  a  chain  and 
padlocks.  This  apparatus  is  intended  for  Pat  Sligo,  Stutfield's  guard, 
with  whom  Stutfield  intends  to  pick  a  quarrel  in  the  asylum  woods. 
He  has  figured  out  how  he  can  choke  Sligo  into  insensibility  and  then 


263 

bind  and  lock  him  so  that  Sligo  can  give  no  alarm,  see  nothing,  hear 
no  approaching  or  departing  footsteps  and  cannot  be  unharnessed 
except  by  long  filing. 

This  plan  is  carried  out  in  the  play  and  work  perfectly.  Chaloner 
says  it  is  "practically"  the  way  he  escaped  from  a  real  asylum,  the 
main  difference  being;  that  the  fight  with  the  keeper  took  place  in  the 
cell,  not  in  the  woods,  and  that  the  escape  from  the  asylum  grounds 
was  made  without  help  from  outside. 


The  News-Leader,  Richmond,  Va.,  Friday,  July  16,  1915. 

NOW    WE    SHALL    SEE    IF    BOOTH    HAD    ANYTHING    ON 
CHALONER   AS   A    THESPIAN 


Author   of    "Who's   Looney    Now?"   Writes   a   Play,    in   Which   He 

Will    Star    Himself — It    Was    Turned    Down    by    a    Play 

Reader,   But   That  Only   Proves   That  "Truth   is 

Stranger  Than  Fiction."      Audiences  Will 

Hear  Lectures  on  Lunacy  Laws 

as    Curtain    Speeches. 


John  Armstrong  Chaloner  is  going  on  the  stage. 

He  will  star  in  his  own  play,  "Robbery  Under  Law,"  enacting  the 
role  of  Hugh  Stutfield,  "millionaire  art  patron  and  law  writer."  Most 
of  the  incidents  in  the  piece  have  been  drawn  from  Chaloner's  own 
life,  and  he  is,  of  course,  the  hero.  Stutfield  is  the  name  he  gives 
himself  in  the  dramatization  of  his  extraordinary  experiences. 

The  author  of  the  amusing  quip,  "Who's  Looney  Now?"  promises 
to  take  to  the  "road"  with  a,  good  company.  Should  he  find  the 
theatres  closed  against  him  he  will  follow  the  illustrious  example  of 
Madame  Sarah  Bernhardt  under  similar  circumstances  and  present 
"Robbery  Under  Law"  in  a  tent. 

"What  kind  of  a  fist  can  'Who's  Looney  Now?'  make  at  acting? 
Can  he  act?"  Chaloner  himself  inquires  and  promptly  answers:  "Who's 
Looney  Now?'  undoubtedly  can  act."  He  asserts  he  "came  within  one 
ace  of  being  born  on  the  stage — of  being  actually  born  on  the  boards." 
He  explains  this  as  follows: 

"  'Who's  Looney  Now's?'  mamma  was  very  fond  of  the  theatre. 
The  night  before  'Who's  Looney  Now?'  appeared  in  this  world  'Who's 
Looney  Now's?'  mamma  was  seized  with  a  desire  to  attend  a  theatrical 
performance  that  was  taking  place  on  the  next  block  from  the  house 
she  was  then  visiting.  This  house  was  the  town  house  of  her  grand 
father  the  late  William  B.  Astor,  in  Lafayette  Place,  New  York,  in 
the  shadow  of  the  Astor  library.  'Who's  Looney  Now's?'  papa  humored 
his  wife's  whim — it  being  the  first  time  such  a  thing  had  occurred, 


264 

'Who's  Looney  Now?'  being  his  mamma's  first  born — and  accompanied 
his  wife  to  the  playhouse  and  the  best  box  therein.  Before  the  play 
was  over — to  cut  a  long  story  short — 'Who's  Looney  Now's?'  mamma 
had  to  hurry  home  in  order  to  avoid  a  most  sensational  denouement." 

Harbored  Secret  Intent. 

Chaloner  points  out  that  under  the  circumstances  it  is  not  sur 
prising  he  has  had  from  earliest  childhood  a  penchant  for  the  stage. 
He  has  always  felt,  he  says,  "that  provided  circumstances  were  favor 
able  to  such  a  sensational  and  unusual  thing  he  would  one  day  go  on 
the  stage."  With  this  secret  intent  he  has  always  avoided  strenuously 
"taking  any  active  part  in  that  morgue  for  histrionic  ability,  private 
theatricals." 

In  anticipation  of  the  time  when  he  would  take  to  the  boards 
Chaloner  has  been  in  training  at  the  Rex  motion-picture  theatre  at 
Seventh  and  Broad  streets,  Richmond.  He  lectured  there  twice  a 
month  from  the  first  week  in  September,  1912,  until  January,  or  later 
in  1914,  when  he  cut  his  appearances  down  to  the  last  Sunday  night 
in  each  month  in  place  of  two  Sunday  nights  in  the  month. 

In  his  published  announcement  of  the  forthcoming  production  of 
"Robbery  Under  Law,"  Chaloner  says:  "He  (Chaloner)  has  had  so 
little  difficulty  in  attracting  audiences  to  the  Rex  that  after  the  first 
few  months,  way  back  in  1912,  he  ceased  to  advertise  his  appearance; 
and  since  then  has  not  had  to  pay  out  so  much  as  one  dollar  for  adver 
tising  purposes. 

"Incidentally  all  this  time  'Who's  Looney  Now?'  was  training  and 
cultivating  his  voice  for  the  stage.  For  this  purpose  no  better  spot 
on  earth  than  this  same  Rex  theatre  could  have  been  chosen — for 
strengthening  the  voice  and  enabling  it  to  shout  at  top  pitch  for  an 
hour  or  more  above  a  competitive  and  persistent  roar.  For  along 
Seventh  street  runs  a  trolley  line — within  some  twelve  or  fifteen  feet 
or  so  of  the  stage.  The  sides  of  the  Rex  are  open  at  the  top  for  venti 
lation.  Hence  'Who's  Looney  Now's?  voice  has  had  to  compete  with 
and  dominate  the  crash  and  roar  of  a  trolley  car:  to  which  is  to  be 
added  the  brazen  clang  of  its  bell. 

"An  hour  and  a  quarter  of  this  sort  of  thing  once  a  month  for 
two  years  and  a  half  has  given  'Who's  Looney  Now?'  a  pair  of  lungs 
ready  and  willing  to  compete  with  the  bellowings  of  the  bull  of 
Bashan  itself.  Therefore  the  intelligent  reader  will  gather  that  there 
has  been  a  method  lurking  in  the  background  of  'Who's  Looney  Now's?' 
three  years'  shouting  at  the  Rex,  to-wit:  voice  and  lung  culture." 

Unique  Curtain  Speeches. 

Chaloner  states  that  in  each  city  he  visits  with  "Robbery  Under 
Law"  he  will  address  the  audiences  after  the  fall  of  the  curtain  "for 
ten  minutes  precisely"  on  "the  black  and  foul  stigma  now  staining 
the  fair  name  of  law,  justice  and  liberty  in  these  United  States  in  the 
name  of  lunacy  law." 


265 

In  addition  to  this,  "each  Sunday  afternoon  'Who's  Looney  Now?' 
will  hire  the  largest  hall  each  city  contains  and  for  two  hours  hold 
forth  on  the  interesting  topic  of  criminal  Lunacy  Legislation  now  mas 
querading  under  the  name  of  law  in  40  per  cent,  of  the  States  of  the 
Union.  These  lectures  will  be,  of  course,  free  and  will  be  advertised 
a  day  or  so  before  in  the  local  papers,  or  on  billboards  and  hoardings 
as  the  case  may  be." 

Chaloner  asserts  there  is  "somewhat  more  than  a  passing  likeness 
between  the  storm-tried  face  of  "Who's  Looney  Now?'  and  that  of 
Edwin  Booth."  He  has  been  told,  he  says,  that  the  tones  of  his  voice 
strongly  resemble  those  of  Edwin  Booth.  During  one  winter,  while  he 
was  an  undergraduate  at  Columbia  University,  in  New  York,  Chaloner 
took  lessons  in  gesture  and  intonation  and  the  use  of  the  throat  and 
lungs  from  a  professional  in  that  line  whose  business  it  was  to  train 
professional  actors. 

In  protraying  Hugh  Stutfield  in  "Robbery  Under  Law,"  Chaloner 
says  he  will  merely  be  copying  the  role  he  has  created  in  real  life  and 
adds:  "It  should  not  be  very  difficult  for  a  man  to  copy  himself." 
Chaloner  says  his  "formidable  resolve"  to  become  an  actor  will  assume 
definite  shape  as  soon  as  he  recovers  his  million  and  a  half  of  property 
for  which  he  is  fighting  in  New  York. 

Founded   on  Fact. 

Chaloner  has  just  published  his  play  in  a  volume  which  contains 
another  play,  "The  Hazard  of  the  Die,"  numerous  newspaper  clippings 
and  some  sonnets.  "Robbery  Under  Law"  is  founded  upon  Chaloner's 
own  adventures  before  and  after  his  escape  from  "Bloomingdale" 
asylum.  Chaloner  says  of  his  play:  "All  the  characters — with  the  ex 
ception  of  the  heroine's — which  is  entirely  an  imaginary  one — have 
been  photographed  actually,  so  to  speak,  from  life;  and  all  the  actions 
of  all  the  characters — bar  the  heroine's — have  been  practically  copied 
from  court  records." 

A  professional  play-reader  in  New  York  read  "Robbery  Under 
Law"  and  pronounced  it  hopeless  for  stage  purposes.  "This  so-called 
play  is  a  lengthy  and  far-fetched  narrative,  very  sensational  in  plot 
and  diffuse  in  dialogue,"  commented  the  reader.  "The  speeches  are 
almost  all  pages  in  length  and  the  authors  are  apparently  quite 
ignorant  of  the  form  in  which  plays  are  written.  There  is  nothing 
in  the  story  which  is  worth  considering — the  behavior  of  all  the 
characters  being  highly  unconvincing  under  all  circumstances." 

To  all  of  which  Chaloner  replies  that  Lord  Byron  was  indubitably 
correct  when  he  wrote:  "Truth  is  stranger  than  fiction." 


266 

Record,  Harrisonburg,  Va.,  July  7,  1915. 

JOHN   ARMSTRONG    CHALONER  OP   "WHO'S  LOONKY   NOW?" 
FAME   WRITES   NEW   BOOK. 


New  York,  July  6. — Every  once  in  a  while  John  Armstrong  Chal- 
oner,  author  of  that  merry  little  quip,  "Who's  Looney  Now?"  retires 
into  his  inner  consciousness  and  after  long  lucubration  brings  forth 
another  book  about  John  Armstroni  Chaloner.  Since  his  escape  from 
"Bloomingdale"  Asylum  in  1900  to  his  home  in  Virginia,  where  he  is 
legally  sane,  Chaloner  has  been  exposing  the  lunacy  laws,  and  his 
latest  vehicle  of  expression,  which  comes  hot  off  the  press,  is  called 
"Robbery  Under  Law,  or  the  Battle  of  the  Millionaires." 

Although  Chaloner  modestly  takes  unto  himself  the  robes  of 
Shakespeare  and  Marlowe,  he  was  known,  until  the  publication  of  this 
latest  collection  of  blank  and  other  verse,  melodrama  and  press  notices, 
as  the  brother  of  Sheriff  Bob  Chanler,  of  New  York,  who,  on  his  sepa 
ration  from  Lina  Cavalieri,  received  a  telegram  from  Brother  John 
asking,  "Who's  Looney  Now?"  Mr.  Chaloner  puts  that  line  on  the 
title  page,  and  uses  it  as  the  climax  of  his  triumph  over  Pat  Sligo,  the 
asylum  keeper. 

Chaloner  is  the  hero  of  his  play  in  three  acts  and  three  scenes 
with  a  prologue  and  epilogue.  His  adventures,  "the  stirring  cycle  of 
events  which  for  the  past  eighteen  years  has  been  whirling  around 
the  head  of  "Who's  Looney  Now?"  center  about  the  manly  form  of 
Hugh  Stutfield,  of  Rokeby,  Albemarle  County,  Va.  There  are  two 
other  millionaires  in  the  play  who  try  to  get  Stutfleld's  money  and 
so  put  him  in  the  "Fairdale"  Asylum,  and  a  man  worth  half  a  million. 
Mr.  Chaloner  says  that  it  is  a  psychological  play,  he  having  been  called 
a  medium  and  of  psychic  temperament  by  the  late  Professor  William 
James. 


New  York  Times,  July  4,  1915. 

POETRY,    DRAMA   AND   ART. 

Robbery  Under  Law:   or,  The  Battle  of  the  Millionaires.     A  play  in 
three  acts  and  three  scenes.    By  John  Armstrong  Chaloner.    North 
Carolina:   Palmetto  Press.    50  cents. 
Contains  another  play,  "The  Hazard  of  the  Die,"  treating  of  the 

conspiracy  of  Catiline.    Mr.  Chaloner  is  the  author  of  "Scorpio." 


267 

The  Burlington  Hawk  Eye,  Burlington,  Iowa,  July  26,  1915. 

Bobbery   Under  iL/aw,    a   play   by   John   Armstrong   Chaloner;    50c. 
Palmetto  Press,  Roanoke  Rapids,  North  Carolina. 

"Robbery  Under  Law,  or  The  Battle  of  the  Millionaires,"  is  the 
title  of  a  play  in  three  acts  and  three  scenes  by  the  author  of  "Scorpio." 
The  time  of  the  action  of  the  drama  is  1887,  and  it  treats  of  the  adven 
tures  of  the  author  of  "Who's  Looney  Now?"  The  volume  is  paper 
covered  and  contains  also  a  second  drama,  entitled  "The  Hazard  of  the 
Die,"  and  many  personal  declarations  by  the  author. 


Pittsburgh,  Pa.,  Dispatch,  July  2,  1915. 

CHALONER  NOW  AUTHOR. 


New  York:  John  Armstrong  Chaloner  author  of  "Who's  Looney 
Now?"  has  a  brand-new  crusade.  He  has  set  out  "to  put  before  the 
public  the  deadly  disease  eating  the  fiber  of  our  body  politic  in  vicious 
lunacy  legislation  obtaining  in  40  per  cent,  of  the  United  States,  as 
'Damaged  Goods'  put  before  the  public  the  deadly  disease,  eating  the 
flesh  of  alas!  but  too  many  people  of  the  earth."  To  that  end  he  has 
written  a  new  play  entitled  "Robbery  Under  Law;  or  The  Battle  of  the 
Millionaires,"  and  is  offering  it  to  the  public  in  book  form.  It  made 
its  appearance  on  the  book  stands  here  to-day  from  the  press.  The 
work,  which  embraces  besides  the  play,  numerous  newspaper  clippings, 
dealing  with  the  now  famous  case,  another  play  called,  "The  Hazard 
of  the  Die,"  and  some  new  essays  in  the  field  of  poetry.  Most  of  the 
clippings  refer  to  Chaloner's  incarceration  in  the  "Bloomingdale"  In 
sane  Asylum  in  this  State  and  the  actions  of  the  New  York  and  Vir 
ginia  courts  which  respectively  held, him  insane  and  sane.  Chaloner's 
last  court  fight  here  took  place  last  year,  when  he  made  an  unsuccess 
ful  effort  in  the  Federal  Court  to  recover  possession  of  his  $1,500,000 
estate. 


Chicago  Herald,  June  29,  1915. 

"  WHO'S  LOONEY  NOW?  "  PENS  BOOK  ABOUT  LUNACY  LAWS. 


John  Armstrong  Chaloner  Wants  Insanity  Statutes  of  Most 
States  Changed   a  Bit. 


New  York,  June  28. —  (Special.) — John  Armstrong  Chaloner,  made 
famous  by  the  query  "Who's  Looney  Now?"  has  started  a  crusade  to 
prove  the  insanity  laws  of  the  majority  of  the  States  are  all  wrong 


268 

In  a  book  which  appeared  to-day  he  is  putting  forth  admitted  facts 
in  his  own  experience,  his  commitment  to  Bloomingdale,  his  escape 
and  his  finding  of  a  refuge  in  Virginia  whose  courts  declared  him  sane. 

IChjaloner  sets  forth  in  a  prologue  he  has  "sacrificed  the  last 
eighteen  years  of  his  life"  in  the  cause  of  lunacy  reform.  The  book 
contains  a  play  entitled  "Robbery  Under  Law,  or  the  Battle  of  the 
Millionaires."  Another  play,  "The  Hazard  of  the  Die,"  is  also  included 
in  the  volume,  which  contains  numerous  clippings  from  newspapers 
dealing  with  his  own  case. 

Will  Put  Public  Next. 

His  purpose,  he  said,  "is  to  put  before  the  public  the  deadly 
disease  eating  the  fiber  of  our  body  politic  in  vicious  Lunacy  Legis- 
tion  obtaining  in  40  per  cent,  of  the  States  of  the  United  States  as 
'Damaged  Goods'  put  before  the  public  the  deadly  disease  eating  the 
flesh  of,  alas,  too  many  of  the  peoples  of  the  earth." 

The  book  has  a  frontispiece  portrait  of  the  author  in  the  make-up 
of  Napoleon.  It  also  contains  some  poetry. 

In  furtherance  of  his  crusade  he  intends  to  speak  in  the  larger 
cities,  of  which  purpose  he  says: 

"'Who's  Looney  Now?'  proposes  to  address  the  audience  after  the 
fall  of  the  curtain  in  'Robbery  Under  Law'  for  ten  minutes  precisely 
and  put  before  them  in  each  city  he  plays  in — all  through  the  United 
States — the  black  and  foul  stigma  now  .staining  the  fair  name  of 
law,  justice  and  liberty  in  the  United  States  in  the  name  of  the  lunacy 
law. 

Sunday  Matinees,  Too. 

"Furthermore,  each  Sunday  afternoon  'Who's  Looney  Now?'  will 
hire  the  largest  hall  each  city  contains  and  for  two  hours  hold  forth 
on  the  interesting  topic  of  criminal  lunacy  legislation  now  masquerad 
ing  under  the  name  of  the  law  in  40  per  cent,  of  the  States  of  the 
Union." 

In  the  chief  play  the  hero,  Hugh  Stutfield,  of  Virginia  and  New- 
York,  has  an  enemy  who  conspires  with  his  relatives  to  get  him  out 
of  the  way  and  who  manages  to  get  him  incarcerated  in  an  insane 
asylum.  In  his  introduction  Chaloner  says  the  first  act,  in  which 
one  of  the  characters  is  shot  and  killed,  is  "taken  bodily,  the  characters 
and  action,  from  life." 

Other  incidents  are  also  from  life,  he  explains,  including  a  fight 
with  a  Bloomingdale  keeper,  which  is  from  his  own  experience. 

Last  year  Chaloner  made  an  unsuccessful  attempt  in  the  courts 
here  to  gain  possession  of  his  $1,500,000  which  was  turned  over  to  a 
committee  when  he  was  sent  to  Bloomingdale. 


269 


Boston  Globe,  July  30,  1915. 


John  Armstrong  Chaloner  has  published  a  play  "in  order  to  serve 
as  a  sort  of  propaganda  toward  the  cause  of  lunacy  reforms,  to  which 
the  writer  has  sacrificed  the  last  eighteen  years  of  his  life,  come 
March  13,  1915."  It  is  called  "Robbery  Under  Law,"  and  if  it's  as 
good  as  his  "Who's  Looney  Now?"  telegram,  written  to  his  brother, 
"Sheriff  Bob"  Chanler,  when  the  latter's  marital  experiences  with  Mile 
Cavalieri  became  known,  there  should  be  many  appreciative  readers. 


Chicago,  111.,  Journal,  July  9,  1915. 

John  Armstrong  Chaloner,  author  of  the  interrogative  "Who's 
Looney  Now?"  which  enriched  for  awhile  the  speech  of  the  slangsters, 
has  written  and  published  a  play,  "Robbery  Under  Law,"  in  which  he 
introduces  a  hero  whose  career  somewhat  resembles  his  own  and 
through  whom  he  undertakes  to  show  how  bad  are  the  insanity  laws 
of  the  State  of  New  York.  The  play  is  in  blank  verse  and  it  is  pub 
lished  with  the  conclusions  of  Prof.  Joseph  Jastrow,  of  the  University 
of  Wisconsin,  who  believes  that  Chaloner  exercises  a  form  of  graphic 
automatism — writing  without  the  complete  and  conscious  co-operation 
of  the  writer. 


Bridgeport,  Conn.,  Post,  July  23,  1915. 

The  latest  move  is  to  make  Harry  Thaw  a  fugitive  from  New  York 
State,  thereby  putting  him  in  the  same  class  with  John  Armstrong 
Chaloner.  But  Harry  has  promised  faithfully  not  to  write  a  book. 


The  News  Press,  Poughkeepsie,  N.  Y.,  June  30,  1915. 
"BOB"   CHAMBER'S   BROTHER   HAS   WRITTEN   NEW   PLAY. 


John  Armstrong  Chaloner,  brother  of  former  "Sheriff"  Bob  Chan 
ler,  one  time  resident  of  Rhinebeck,  has  written  a  new  play  entitled 
"Robbery  Under  Law."  It  will  be  remembered  that  Mr.  Chaloner  broke 
into  the  news  columns  a  few  years  ago  when  he  coined  the  phrase 
"Who's  Looney  Now?" 

"In  order  to  serve  as  a  sort  of  propaganda  toward  the  cause  of 
lunacy  law  reform,  to  which  the  writer  has  sacrificed  the  last  eighteen 
years  of  his  life,  come  March  13,  1915,"  is  Mr.  Chaloner's  declaration  in 
italics  for  the  purpose  of  this  publication. 

More  interesting  than  the  publication  is  the  announcement  it  car 
ried  that  Mr.  Chaloner  proposes  to  present  "Robbery  Under  Law"  as  a 
dramatic  performance  in  theatres  all  over  the  country,  making  an 


270 

address  after  the  fall  of  the  curtain  at  each  performance,  which  he 
solemnly  agrees  to  limit  to  ten  minutes.  He  will  talk  for  two  hours 
every  Sunday,  however. 

The  frontispiece  for  the  book  is  a  picture  of  a  portrait  bust  of  the 
author  dressed  in  the  uniform  of  Napoleon  I,  with  the  caption,  "Chal- 
oner1  1st;  1911,  by  Chiswell." 

Defending  "Robbery  Under  Law"  Mr.  Chaloner  writes  that  parts 
of  it  could  be  cut  "without  the  least  injury  to  the  action,  though  not 
to  the  psychological  value  of  it  as  a  study  in  the  very  latest  and 
farthest  advanced  realms  of  mediumship.  Since  that  is  what  I  am — 
a  medium — in  the  language  of  the  late  Professor  William  James,  of 
Harvard." 


Cincinnati,  O.,  Times-Star,^  July  23,  1915. 

John  Armstrong  Chaloner,  author  of  "Who's  Looney  Now?"  has 
written  a  play  with  which  he  intends  to  fight  the  lunacy  laws  of  several 
States.  It  is  called  "Robbery  Under  Law"  and  was  written  at  "Merry 
Mills,"  Chaloner's  estate  in  Virginia.  There  the  author  is  a  sane  man 
under  the  State  law,  while  New  York  courts  have  adjudged  him  insane. 
The  play  is  founded  upon  Chaloner's  own  adventures  before  and  after 
his  escape  from  "Bloomingdale."  (Palmetto  Press,  Roanoke  Rapids, 
N.  C.) 


St.  Louis  Globe-Democrat,  June  29,  1915. 

New  York,  June  28. — John  Armstrong  Chaloner,  made  famous  by 
the  query,  "Who's  Looney  Now?"  has  started  a  crusade  to  prove  the 
insanity  laws  of  the  majority  of  the  States  are  all  wrong. 

In  a  book  which  appeared  on  the  stands  to-day  he  is  putting  forth, 
admittedly  founded  on  his  own  experience,  his  commitment  to  Bloom 
ingdale,  his  escape  and  his  finding  of  a  refuge  in  Virginia,  whose 
courts  declared  him  sane. 

Chaloner  sets  forth  in  a  prologue  he  has  "sacrificed  the  last  eighteen 
years  of  his  life"  in  the  cause  of  lunacy  reform.  His  play  is  entitled 
"Robbery  Under  Law,  or  the  Battle  of  the  Millionaires." 

His  purpose,  he  says,  is  "to  put  before  the  public  the  deadly  disease 
eating  the  fiber  of  our  body  politic  in  vicious  lunacy  legislation  obtain 
ing  in  40  per  cent,  of  the  States  of  the  United  States." 


St.  Louis,  Mo.,  Republic,  July  17,  1915. 

All   those   who  are   interested   in    the   author   of  "Who's   Looney 
Now?"  may  now  come  forward  and  obtain  a  new  volume  by  the  same 


tThis  notice  also  appeared  in  the  Star,  Cincinnati,  O.,  July  23,  1915. 


271 

author,  who  bears  unchallenged  the  name  of  John  Armstrong  Chaloner, 
entitled  "Robbery  Under  Law."  "Robbery  Under  Law  is  "a  play  in 
three  acts  and  three  scenes,"  and  it  is  further  enriched  by  the  inclu 
sion  of  other  plays  and  a  lot  of  miscellaneous  matter  touching  John 
Armstrong  Chaloner.  Palmetto  Press,  Roanoke  Rapids,  N.  C.,  50  cents. 


Batavia,  N.  Y.,  Daily  News,  July  6,  1915. 

John  Armstrong  Chaloner  ("Who's  Looney  Now?")  denies  that  he 
had  the  automobile  business  in  mind  when  he  wrote  his  latest  book 
"Robbery  Under  Law,  or  the  Battle  of  Millionaires." 


The  Post,  Houston,  Texas,  July  27,  1915. 

SOME    RECEXT    PUBLICATIONS    RECEIVED    BY    "THE    POST." 


Robbery  Under  Law — By  John  Armstrong  Chaloner,  author  of 
"Scorpio."  Published  by  the  Palmetto  Press,  Roanoke  Rapids, 
North  Carolina. 

John  Armstrong,  Chaloner,  phrase  maker  extraordinary  and 
author  of  "Who's  Looney  Now?"  has  written  a  play  with  which  he 
intends  to  fight  the  lunacy  laws  of  various  States.  It  is  called  "Robbery 
Under  Law,  or  the  Battle  of  Millionaires,"  and  was  ground  out  at 
"Merry  Mills,"  Chaloner's  estate  in  Virginia.  There  the  author  is  a 
sane  man  under  the  State  law,  while  New  York  courts  have  adjudged 
him  insane. 

To  give  full  measure  in  the  volume  Mr.  C'haloner  has  combined 
with  "Robbery  Under  Law"  another  play,  called  "The  Hazard  of  the 
Die,"  numerous  newspaper  clippings  concerning  his  own  vicissitudes 
and  some  sonnets.  The  frontispiece  is  a  portrait  of  Chaloner  in  the 
dress  of  Napoleon — the  same  picture  that  he  sent  to  newspapers  in 
1912,  when  his  modesty  first  yielded  to  his  resemblance  to  the  great 
little  Corsican. 

The  play  "Robbery  Under  Law"  is  founded  upon  Chaloner's  own 
adventures  before  and  after  his  escape  from  Bloomingdale.  In  the 
prologue,  in  which  the  author  refers  to  himself  as  "Who's  Looney 
Now?"  Chaloner  declares  his  intention  of  producing  the  play  in  all 
parts  of  the  country  and  accompanying  its  production  with  lectures 
on  the  iniquity  of  insanity  laws. 

Just  how  Chaloner  is  going  to  manage  about  New  York  he  doesn't 
say.  He  surely  can't  be  planning  to  omit  New  York  from  his  tour,  for 
here,  if  anywhere,  he  has  found  iniquitous  lunacy  law,  to  say  nothing 
of  "ermined  anarchy."  Perhaps  he  is  reckoning  on  the  co-operation 
of  the  Supreme  Court  of  the  United  States,  where  his  appeal  from  an 


272 

adverse  judgment  in  his  suit  to  recover  the  control  of  his  $1,500,000 
property  is  pending. 

It  is  not  the  first  appearance  Chaloner  has  made  as  an  author, 
although  it  is  the  first  time  he  has  come  out  as  a  Napoleonic  crusader 
in  literature.  In  1907  he  wrote  forty-seven  sonnets,  explaining  his 
ideas  on  hell  and  Bernard  Shaw.  A  few  months  ago  the  war  set  his 
pen  to  itching,  and  he  gave  the  Germans  what  he  gave  Shaw — only 
more  so. 

As  a  scientist,  too,  Chaloner  has  made  a  deep  impression  upon  him 
self.  Not  only  is  he  the  possessor  of  an  "X-faculty"  which  enables 
him  to  suspend  the  law  of  gravitation,  but  pool  balls  speak  to  him  in 
astrological  terms. 

All  this  was  for  the  cause,  however,  as  Chaloner  announces  in  his 
prologue  to  "Bobbery  Under  Law."  Presumably  even  his  apparently 
sincere  attempts  to  recover  command  of  his  fortune  were  strategic 
movements  intended  to  embarrass  the  New  York  lunacy  law,  for  he 
writes  that  he  has  "sacrificed  the  last  eighteen,  years  of  my  life"  in 
the  cause  of  lunacy  reform. 

This  notice  from  the  Houston  Daily  Post  was  repeated  also  in  the 
following  papers: 

The  News,  Lima,  Ohio. 

The  Herald,  Fall  River,  Mass. 

The  Dispatch,  Wilmington,  N.  C. 

The  Courier,  Waterloo,  la. 

The  Journal,  Niagara  Falls,  N.  Y. 

The  Times,  Rochester,  N.  Y. 

The  Graphic,  Pine  Bluff,  Ark. 

The  Republic,  North  Yakima,  Wash. 

The  Herald,  Dayton,  Ohio. 

The  Scimitar,  Memphis,  Tenn. 

The  Times,  Akron,  Ohio. 

The  News-Times,  South  Bend,  Ind. 

The  Tribune,  Bay  City,  Mich. 

The  News,  Mansfield,  Ohio. 

The  Leader,  Gloversville,  N.  Y. 

The  Freeman,  Kingston,  N.  Y. 

The  Reporter,  Fond  Du  Lac,  Wis. 

The  Examiner,  Ogden,  Utah. 

The  Star,  Philadelphia,  Pa. 

The  Philadelphia  Star  has  the  following  headlines  before  the 
article : 

"  'Who's  Looney  Now?1  Becomes  Playwright.  John  Armstrong 
Chaloner  to  Produce  'Robbery  Under  Law'  Throughout  Country.  He 
Fights  Insanity  Laws." 


273 

The  Buffalo  Commercial,  July  24,  1915. 

"The  latest  offering  from  the  pen  of  John  Armstrong  Chaloner  is 
a  play  in  three  acts  and  three  scenes  called  'Robbery  Under  Law,  or 
The  Battle  of  the  Millionaires.'  The  author  says  the  play  was  written 
to  illustrate  the  mischief  of  lunacy  proceedings  in  New  York  State. 
All  the  characters  are  drawn  from  life,  according  to  the  author,  and 
the  scenes  are  real.  Although  Chaloner  modestly  takes  for  himself 
the  role  of  the  hero  he  has  taken  into  consideration  all  the  persons 
who  took  an  active  part  in  having  him  declared  insane.  The  story 
has  to  do  with  one  Hugh  Stutfleld,  of  Virginia  and  New  York,  a  mil 
lionaire,  whose  enemy  and  rival,  James  Lawless,  conspires  with  his 
relatives  to  get  him  out  of  the  way.  How  he  manages  to  escape  from 
the  insane  asylum  and  to  keep  his  freedom,  form  important  chapters 
in  the  play.  In  the  same  volume  is  also  presented  "The  Hazard  of  the 
Die,"  a  drama  in  three  acts,  and  several  sonnets  and  other  composi 
tions.  The  paper-covered  volume  is  published  by  the  Palmetto  Press." 


The  Gazette,  Worcester,  Mass.,  July  23,  1915. 

Robbery  Under  Law — By  the  author  of  "Scorpio."  Palmetto  Press, 
Roanoke  Rapids,  North  Carolina.  Price,  bound  in  paper,  50 
cents. 

Many  people  remember  the  sensation  which  the  publication  of 
"The  Quick  or  the  Dead,"  written  by  Amelie  Rives,  created.  It  was 
the  first  of  many  subsequent  novels  which  have  pleased  people  who 
delighted  in  the  sensational,  in  that  variety  of  the  sensational  which 
bordered  on  the  salacious  and,  written  by  an  engaging  young  lady  of 
Virginia  the  wonder  grew,  though  the  story,  first  appearing  in  Lippin- 
cott's  Monthly,  acquired  an  amazing  sale.  The  next  source  of  wonder 
was  the  marriage  of  Miss  Rives  to  a  member  of  a  prominent  New 
York  family,  John  Armstrong  Chaloner.  Naturally  the  public  was 
more  than  interested  in  the  man,  as  it  had  been  in  the  woman.  Ere 
many  years,  the  public  was  again  in  the  condition  of  amazement  when 
it  appeared  that  Mr.  Chaloner  had  been  adjudged  insane  and  had  been 
committed  to  an  asylum  for  that  class  of  unfortunates  in  "Blooming- 
dale,"  New  York.  There  he  was  confined  four  years  and  at  last  suc 
ceeded  in  making  his  escape.  Naturally  he  cherished  much  animosity 
towards  his  relatives  who  had  brought  about  his  incarceration,  and,  as 
a  means  of  setting  himself  right  before  the  pubic,  he  wrote  a  play 
with  the  title  given  above,  which  he  submitted  to  certain  playwrights 
for  their  judgment  and  criticism.  When  the  play  is  read  one  does  not 
marvel  that  it  was  not  considered  adapted  to  the  stage,  at  least  as 
written,  and  to  allow  the  public  to  judge  for  itself  he  puts  the  entire 
play  into  print.  In  this  way,  he  brings  to  view  a  considerable  part  of 
his  former  life,  especially  the  death  of  a  certain  man  who,  at  the 


274 

time,  was  engaged  in  the  somewhat  reprehensible  occupation  of  beat 
ing  his  wife.  Mr.  Chaloner  claims  that  his  relatives  were  anxious  to 
secure  his  fortune,  hence  their  part  in  the  immurement.  This  volume 
of  350  pages  contains,  not  alone  the  play,  but  several  other  literary 
efforts  of  the  writer  which,  undoubtedly,  will  afford  a  deal  of  pleasure 
to  seekers  after  the  curious  and  strange  in  deed  and  thought.  Mr. 
Chaloner  includes  in  his  volume,  not  only  what  he  has  himself  written 
but,  apparently,  all  that  he  can  find  of  what  others  have  written  about 
him  and  his  writings.  As  to  the  controversy,  the  Gazette  has  no  dis 
position  to  take  a  part,  though  we  are  quite  ready  to  assert  that  the 
walls  of  bedlam  do  not  contain  nor  have  they  ever  held  any  consid 
erable  portion  of  the  really  insane,  the  trouble  being  that,  too  often, 
the  craziest  are  on  the  outside.  Mr.  Chaloner's  book  creates  the  im 
pression  of  a  man  easily  excited,  ever  ready  to  assert  his  opinions 
and  to  defend  them,  if  necessary.  All  lovers  of  the  curious  in  litera 
ture  will  desire  a  copy  of  "Robbery  Under  Law." 


The  News,  Baltimore,  Md.f  July  21,  1915. 

John  Armstrong  Chaloner,  he  of  "Who's  Looney  Now?"  fame,  has 
written  a  play  "Robbery  Under  Law;  or  The  Battle  of  the  Millionaires'" 
is  its  title,  and  it  is  in  three  acts,  and  three  scenes. 

"Robbery  Under  Law"  has  a  mission,  according  to  the  author, 
"the  object  being  to  put  before  the  papers  the  deadly  disease  eating 
the  fiber  of  our  body  politic  in  vicious  lunacy  legislation  obtaining 
in  40  per  cent,  of  the  States  of  the  United  States"  is  the  way  Chaloner 
puts  it.  In  a  lengthy  prologue  he  explans  that  the  characters  of  his 
play  are  sketched  from  the  real,  all  except  the  heroine,  and  that  most 
of  the  vivid  scenes  are  pages  from  his  own  book  of  life.  The  play  is 
lengthy,  has  a  sensational  plot,  and  lots  of  dialogue.  Along  with  the 
play  the  reader  gets  more  of  the  Chaloner  plays,  some  poetry,  personal 
letters,  and  so  forth. 

("Robbery  Under  Law,"  John  Armstrong  Chaloner.  Palmetto 
Press,  Roanoke  Rapids,  N.  C.,  publisher.) 


Denver,  Colo.,  Post,  July  25,  1915. 

"WHO'S   IXXJNEY    NOW?"   REAPPEARS. 

Apropos  of  the  interest  taken  in  the  case  of  Harry  Thaw,  who  is 
just  now  very  much  in  the  public  eye  and  who  for  a  fortnight  has 
been  on  the  front  page  of  nearly  every  newspaper  of  the  country,  is 
the  case  of  John  Armstrong  Chaloner.  of  "Who's  Looney  Now?"  celeb 
rity. 


275 

The  latter  gentleman  has  written  a  long  play  and  a  thick  book, 
both  of  which  have  been  printed,  and  by  the  courtesy  of  the  publishers 
have  just  reached  the  office  of  The  Denver  Post. 

The  Chaloner  story  is  much  older  that  the  Thaw  tale,  but  the 
present  publication  revives  it  and  makes  it  a  timely  topic  for  discus 
sion. 

The  purpse  of  the  present  book  and  the  play,  is  a  crusade  to  prove 
the  sanity  laws  of  a  majority  of  the  States  are  all  wrong. 

In  this  volume,  which  is  only  a  fornig;ht  old,  Mr.  Chaloner  puts 
forth,  admittedly  founded  on  his  own  experience,  his  commitment  to 
Bloomingdale,  his  escape  and  his  finding  of  a  refuge  in  Virginia, 
whose  courts  declared  him  sane. 

Chaloner  sets  forth  in  a  prologue  he  has  "sacrificed  the  last 
eighteen  years  of  his  life"  in  the  cause  of  lunacy  reform.  His  play  is 
entitled,  "Robbery  Under  Law,  or  The  Battle  of  the  Millionaires." 

His  purpose,  he  says,  is  "to  put  before  the  public  the  deadly  disease 
eating  the  fiber  of  our  body  politic  in  vicious  Lunacy  Legislation 
obtaining  in  40  per  cent,  of  the  States  of  the  United  States  as  'Dam 
aged  Goods,'  put  before  the  public  the  deadly  disease  eating  the  flesh 
of,  alas!  but  too  many  of  the  peoples  of  the  earth." 

Chaloner's  only  successful  composition  heretofore  was  the  phrase 
'•Who's  Looney  Now?"  written  in  a  telegram  to  his  brother,  Bob 
Chanler,  when  the  latter's  romantic  and  marital  experiences  with 
Mile.  Lina  Cavalieri  became  known. 

Many  readers  of  this  page  will  recall  the  mysterious  sensation 
occasioned  years  ago  by  the  incarceration  in  Bloomingdale  Asylum,  in 
New  York,  and  the  subsequent  escape  of  John  Armstrong  Chaloner, 
the  wealthy  Virginian  and  member  of  the  New  York  bar. 

For  four  months  the  friends  of  Mr.  Chaloner  supposed  that  he 
was  away  taking  a  trip  for  his  health.  For  weeks  after  his  escape 
and  return  to  his  State  of  Virginia,  newspaper  speculation  was  rife  as 
to  the  causes  which  led  up  to  the  imprisonment.  He  was  subsequently 
declared  sane  in  an  action  tried  in  the  courts  of  Virginia  and  was 
adjudged  competent  to  manage  his  own  affairs.  Beyond  the  fact  that 
he  had  brought  actions  against  persons,  however,  the  matter  has  since 
fallen  away  from  public  attention  and  has  in  many  respects  remained 
ever  since  a  mystery. 

Mr.  Chaloner  was  especially  known  in  the  South  by  reason  of 
his  marriage  to  Amelie  Rives,  the  brilliant  Virginia  novelist,  whose 
book,  "The  Quick  or  the  Dead,"  created  a  national  furore  at  the  time 
of  its  publication. 

That  story,  as  you  may  remember,  tells  the  old  love  of  a  beautiful 
widow  for  her  dead  husband  and  her  newer  love  for  another  man  in 
the  flesh. 

Jock  Dering,  the  hero,  was  Chaloner.  This  Chaloner  was  declared 
by  the  courts  sane  in  one  State  and  insane  in  another.  He  is  cousin 
of  the  Astors,  one  time  chum  of  the  late  Stanford  White;  lawyer,  col- 


276 

lege  graduate,  student  of  psychics  and,  say,  ex-husband  of  that  brilliant 
woman,  Amelie  Rives,  later  the  Princess  Troubetzkoy. 

His  story  is  one  of  the  most  remarkable  of  modern  times,  and 
as  printed  In  the  New  York  papers  at  the  time,  from  which  the  fol 
lowing  facts  are  taken,  reads  like  fiction.  Here  is  a  man  of  independ 
ent  means,  a  man  of  affairs,  a  brilliant  writer,  an  ardent  sportsman, 
a  clever  raconteur,  sent  to  Bloomingdale  adjudged  hopelessly  insane — 
"progressive,"  the  physicians  called  his  case. 

There  he  stays  for  nearly  four  years.  He  knows  it  is  hopeless  to 
protest.  There  he  is,  behind  the  bars,  gone  from  the  world  forever. 
He  dreams  of  freedom  by  night;  by  day  he  ponders  over  the  problem 
of  getting  it.  He  knows  that  to  be  violent  would  see  the  end  of  his 
hopes;  he  acquiesces  in  everything  his  keepers  order,  without  a  word 
of  protest.  It  is  the  careful  working  of  a  mind  bent  on  accomplishing 
its  object — freedom! 

He  waits  his  time.  He  gets  the  trust  of  everyone  about  him.  He 
does  meekly  everything  that  he  is  bidden — everything  except  admit 
to  the  doctors  that  he  is  insane.  He  gets  permission  to  take  walks 
without  a  keeper.  He  makes  his  daily  jaunts  farther  and  farther 
away,  deliberately  practicing  the  art  of  covering  great  distances  in  a 
short  time.  He  finds  a  postoffice  where  he  may  receive  letters  under 
an  assumed  name,  because  nothing  may  reach  him  at  the  asylum  until 
it  has  been  scrutinized.  In  this  way  he  manages  to  borrow  $10 — this 
man  with  an  income  of  $40,000  a  year. 
And  now  what  does  he  do? 

One  day  he  does  not  return  from  his  daily  walk.  No,  he  has 
walked  well  and  far — he  has  taken  a  train  to  New  York  from  an 
obscure  railroad  station  miles  distant  from  White  Plains,  where  Bloom 
ingdale  now  is.  By  nightfall  he  is  safe  in  Philadelphia. 

Does  he  go  into  paroxysms  of  impotent  rage  at  those  who  incarce 
rated  him,  as  do  so  many  of  the  insane  when  they  escape?  Does  he 
try  to  kill  those  whom  he  might  imagine  responsible  for  his  sufferings? 
Does  he  break  out  in  incoherent  ravings  against  fancied  evils? 

No.  He  goes  straightway  to  a  sanitarium  in  Philadelphia.  He 
states  his  case  calmly  to  the  physician  in  charge  and  asks  to  be  put 
under  scientific  observation.  After  six  months  voluntary  confinement 
there  the  physicians  tell  him  that  he  is  perfectly  sane  and  has  always 
been  so.  He  is  not  even  now  content.  He  goes  to  another  institution 
and  goes  through  the  same  voluntary  process  all  over  again.  Once 
more  the  physicians  tell  Mr.  Chaloner  he  is  well  balanced.  Then 
suddenly  he  appears  at  his  old  hime,  "Merry  Mills,"  Cobham,  Va., 
where  he  has  stayed  to  this  day,  master  of  his  estate,  as  at  Roanoke 
Rapids,  N.  C. 

After  his  discharge  from  the  asylum  Mr.  Chaloner  wrote  a  book. 
Not  the  book  now  before  me,  but  one,  at  present,  nearly  ten  years  old. 
There  he  describes  with  bitterness  the  manner  in  which  he  was  lured 
to  Bloomingdale  by  Stanford  White,  who  soon  after  was  killed  by 
Harry  Thaw. 


.277 

"I  received  a  telegram  from  my  friend,  Stanford  White,  proposing 
to  visit  me  in  company  with  a  mutual  friend.  As  I  was  on  rather 
unfriendly  terms  with  Mr.  White  at  the  time,  owing  to  an  abusive 
letter  he  had  recently  written  me,  I  did  not  look  forward  to  a  visit 
from  him  with  pleasure.  I  therefore  sent  him  a  telegram  to  say  that 
I  was  not  well  enough  to  see  him.  A  few  days  later  Mr.  White  walked 
in  on  me,  in  company  with  a  physician.  I  shall  not  attempt  to  picture 
my  surprise.  Let  it  suffice  to  say  that  I  was  struck  dumb. 

"Mr.  White  hastily  excused  his  intrusion  and  implored  me  to  ac 
company  him  to  New  York  for  a  'plunge  in  the  metropolitan  whirl.'  As 
I  had  some  business  which  needed  my  attention  in  New  York,  I  con 
sented." 

He  was  then  hurried  to  Bloomingdale  by  White's  aid  and  declared 
mad. 

iChaloner  thinks  "the  play's  the  thing,"  and  that  he  can  reach  the 
public  better  through  the  stage  than  by  literature.  So  he  publishes 
the  drama,  and  announces  he  will  act  in  it.  He  has  had  considerable 
experience  in  histrionics  during  his  early  life. 

Chaloner  is  the  hero  of  his  play,  which  is  in  three  acts  and  three 
scenes,  with  a  prologue  and  epilogue.  His  adventures,  "the  stirring 
cycle  of  events  which  for  the  past  eighteen  years  has  been  whirling 
around  the  head  of  'Who's  Looney  Now?'  "  center  about  the  manly 
form  of  Hugh  Stutfield,  of  Rokeby,  Albermarle  county,  Va.,  "million 
aire  art  patron  and  law  writer."  There  are  two  other  millionaires  in 
the  play  who  try  to  get  Stutfield's  money  and  so  put  him  in  the  Fair- 
dale  asylum,  and  a  man  worth  half  a  million.  Mr.  Chaloner  says  that 
it  is  a  psychological  play,  he  having  been  called  a  medium  and  of 
psychic  temperament  by  the  late  Prof.  William  James. 

He  is  determined  to  present  his  play — with  himself  in  the  lead. 
He  expects  to  encounter  difficulties,  however. 

"If  we  find  the  theater  closed  against  us,"  he  says,  "for  the  same 
reason  we  find  the  newspapers — whatever  that  reason  may  be — we 
shall  follow  the  example  of  Madame  Bernhardt  under  the  precise  and 
identical  circumstances,  and  act  in  a  tent." 

Then  he  puts  his  case,  his  ability  and  his  purposes  forth  as  fol 
lows: 

Having  a  million  and  a  half  of  property,  we  are. in  a  fairly  strong 
position  as  regards  carrying  out  to  the  letter  the  above  pushful  pro 
gram.  The  first  question  that  will  present  itself  to  the  reader  will  be 
"What  kind  of  a  fist  can  'Who's  Looney  Now?'  make  at  acting?  Can  he 
act?"  To  which  we  hasten  to  make  answer,  "  'Who's  Looney  Now?'  un 
doubtedly  can  act."  Thus.  In  the  first  place,  there  is  a  good  deal  of 
heredity  and  environment  at  birth.  Now  "Who's  Looney  Now"  came 
within  one  ace  of  being  born  on  the  stage — of  being  actually  born  on 
the  boards!  The  remarkable  facts  are  as  follows,  "Who's  Looney 
Now's  mamma  was  very  fond  of  the  theater.  The  night  before  "Who's 
Looney  Now?"  appeared  in  this  world  "Who's  Looney  Now's?  mamma 


278 

was  seized  with  a  desire  to  attend  a  theatrical  performance  that  was 
taking  place  on  the  next  block  from  the  house  she  was  then  visiting. 
This  house  was  the  town  house  of  her  grandfather,  the  late  William 
B.  Astor,  in  Lafayette  place,  New  York,  in  the  shadow  of  the  Astor 
library.  "Who's  Looney  Now's?"  papa  humored  his  wife's  whim — it 
being  the  first  time  such  a  thing  had  occurred — "Who's  Looney  Now?" 
being  the  mamma's  first-born — and  accompanied  his  wife  to  the  play 
house  and  the  best  box  therein.  Before  the  play  was  over — to  cut  a 
long  story  short — "Who's  Looney  Now's?"  mamma  had  to  hurry  home 
in  order  to  avoid  a  most  sensational  denouement. 

Under  the  circumstances  aforesaid  it  should  not  be  surprising  to 
an  open-minded  reader  that  "Who's  Looney  Now?"  has  had  from 
earliest  childhood  a  penchant  for  the  stage.  Such  being  the  fact, 
"Who's  Looney  Now?"  has  always  carried  it  locked  in  the  inmost 
recesses  of  his  breast  that — provided  circumstances  were  favorable  to 
such  a  sensational  and  unusual  thing — he  would  one  day  go  on  the 
Stage!  With  this  secret  intent  he  has  always  avoided  strenuously 
taking  an  active  part  in  that  morgue  for  histrionic  ability,  "Private 
Theatricals."  Two  facts  stand  out  in  "Who's  Looney  Now's?"  later 
years,  indicating  his  ability  to  make  good  on  the  boards.  The  first 
fact  indicates  ability  in  said  line.  The  second  fact  indicates  serious 
study  along  and  in  said  line.  Fact  number  one  is  that  "Who's  Looney 
Now?"  surprised  and  delighted  his  father — his  mother  being  now- 
dead — by  taking  first  prize  i  ndeclamation  at  a  military  academy,  by 
name  "St.  John's  School,"  Ossining-on-Hudson,  New  York,  at  the  early 
age  of  thirteen — out  of  a  school  of  seventy-five  boys — many  of  whom 
were  four  or  five  years  "Who's  Looney  Now's?"  senior.  Anyone  who 
knows  anything  about  acting  knows  it's  harder  to  be  interesting  on  a 
naked  platform,  against  a  whitewashed  school  room's  wall,  than  sur 
rounded  by  all  the  sensuousness  and  fairy  glamor  of  the  footlights. 

Fact  number  two  is  that  "Who's  Looney  Now?"  devoted  a  whole 
winter  while  an  undergraduate  at  Columbia  university,  in  New  York, 
to  taking  lessons  in  gesture  and  intonation,  the  use  of  the  throat  and 
lungs,  from  a  professional  in  that  line;  whose  business  it  was  to  train 
professional  actors — that  early  day  being  long  before  dramatic  acade 
mies — for  fitting  aspirants  for  the  stage — had  been  dreamed  of.  "Who's 
Looney  Now?"  being  a  great  admirer  of  Edwin  Booth — whom  he  knew 
personally — and  considering  him  the  greatest  actor  of  his  day,  if  not 
of  any  day — spent  about  four  nights  out  of  each  week  during  Booth's 
last  and  longest  season  at  Booth's  theater,  at  Twenty-third  street  and 
Sixth  avenue — during  the  same  year  that  he  was  studying  elocution 
professionally — and  also  sent  his  dramatic  instructor  aforesaid  to  the 
same  theater  frequently — supplying  the  instructor  with  the  necessary 
tickets.  The  next  day  "Who's  Looney  Now?"  would  read  the  solilo 
quies  in  "Hamlet"  and  "Richard  III."  to  the  instructor,  rendering  the 
same  with  as  nearly  the  same  tone,  accent,  and  inflection  as  Booth  had 
given  them  the  night,  or  nights,  before. 


279 

When  to  the  above  serious  active  work  in  the  dramatic  art  is  added 
the  fact  that,  some  years  later,  "Who's  Looney  Now?"  carried  his 
lares  and  penates  to  Paris  and  set  them  up  in  a  house  or  private  apart 
ment  of  his  own  for  five  consecutive  years,  during  which  time  there 
was  hardly  a  week  elapsed  without  his  going  to  the  Theatre  Francois 
at  least  once,  if  not  twice,  as  well  as  once  or  twice  each  week  to  some 
other  of  the  leading  French  theaters,  it  becomes  palpable  to  the  poorest 
observation  that  "Who's  Looney  Now?"  was  "going  some" — to  theaters 
— to  school.  All  this  time  "Who's  Looney  Now?"  had  the  starry  end 
in  view,  to — one  of  these  days — provided  always  and  only  that  Fate 
should  be  propitious — that  circumstance  should  point  the  way  to  that 
rugged  and  daring  path  of  toil  and  disappointment  and  severe  work — 
the  starry  end  in  view  to  at  the  proper  time — have  a  dash  on  th4 
boards.  And  all  this  time  therefore  'Who's  Looney  Now?"  was  watch 
ing  Coquelin  Aine,  or  Coquelin  Jeune,  or  Mounet-Sully  at  the  Frangais 
for  tips  and  points  and  what  not,  for  his  own  particular  use  at  the 
proper  time — French  dramatic  art  being  as  much  at  the  top  of  all 
dramatic  art  to-day,  as  French  painting  and  sculpture  and  architecture 
are  at  the  topmost  pinnacle  of  their  respective  branches  of  art  to-day. 

Therefore  "Who's  Looney  Now?"  would  mount  the  stage  with  a 
far  from  unsophisticated  attitude  toward  the  stage.  Now  what  would 
"Who's  Looney  Now?"  be  required  to  do  in  his  initial  step — the  step 
that  breaks  the  ice — le  premier  pas  qui  coute  step — upon  mounting 
the  stage  in  "Robbery  Under  Law?"  Why,  nothing  more  difficult  than 
copy  the  role  he  had  created  in  real  life — on  the  stage  of  the  world — 
when  he  fought  Gillard  in  the  dining  room  at  "Merry  Mills"  that 
March  afternoon  six  years  ago;  or  when  he  held  up  the  doctors  in  his 
suite  at  the  Hotel  Kensington  three  times  as  many  years  ago;  or  later 
when  he  fought  his  strapping  Irish  keeper  in  his  cell  at  "Bloomingdale" 
runtil  the  latter  bellowed  "Help"  at  the  top  of  his  powerful  lungs 
seventeen  years  ago;  or,  lastly,  when  he  escaped. 

Chaloner,  like  Thaw,  killed  his  man.  But  in  the  case  of  the  former 
it  was  not  the  result  of  an  unclean  brawl,  but  in  defense  of  a  woman 
whose  drunken  husband  was  beating  her  and  would  have  had  her 
life  had  not  Chaloner  interfered,  saved  the  wife  and  shot  the  man. 
This  occurred  in  Virginia  and  a  jury  of  substantial  farmers  wholly 
absolved  Chaloner  from  blame  in  the  tragedy;  in  fact,  complimented 
him  on  his  bravery  in  protecting  a  defenseless  woman. 

The  main  purpose  of  the  Chaloner  book  is  to  supplement  Charles 
Read's  well-known  novel,  "Hard  Cash,"  in  an  effort  to  prevent  sane 
persons  being  locked  up  in  asylums  without  proper  process  of  law. 

No  doubt  the  law  in  many  States  is  defective. 

As  was  well  said  by  one  of  our  leading  law  journals  not  long  ago, 
the  fact  that  many  mentally  deranged  persons  are  incapable  of  com 
prehending  the  nature  of  the  steps  taken  to  place  them  in  custody,  the 
custom  has  become  prevalent  that  no  process  is  needed  to  place  them 
on  trial  as  to  their  sanity. 


280 

It  is  to  be  remembered  that  in  every  State  of  the  Union,  and,  in 
'fact,  in  every  country  of  the  world,  fraud  has  been  perpetrated  on 
men  and  women  of  means  by  greedy  relatives  and  the  unfortunate 
ones  placed  in  asylums  for  no  other  purpose  than  to  secure  control  of 
their  property.  And  further  it  should  be  remembered  that  one  once 
adjudged  insane,  if  he  cannot  secure  a  hearing  of  his  right  to  restora 
tion  through  the  influence  of  true  friends,  is  forever  barred  of  the 
right  to  be  heard. 

He  has  lost  the  standing  of  a  citizen. 

Mr.  Chaloner,  whether  he  be  "queer"  or  not,  is  certainly  mentally 
brilliant  and  in  deadly  earnest  in  all  he  does. 

He  must  also  have  a  generous  heart,  for  to  this  day  he  pays  his 
divorced  wife,  Amelie  Rives  that  was,  and  now  the  Princess  Troubetz- 
koy,  $3,000  a  year  as  a  pleasing  remembrance  of  once  happy  days. 

Naturally  he  is  very  bitter  in  his  denunciation  of  New  York  so 
ciety,  which  he  maintains  was  instrumental  in  his  downfall.  In  a 
series  of  published  "sonnets,"  some  of  which  are  genuine  poetry,  he 
has  this  on  the  famous  Horseshoe  of  the  Metropolitan  Opera  House, 
New  York,  where  the  fashionable  400  gather  in  force,  on  Caruso  nights 
especially. 

He  calls  it  "The  Devil's  Horseshoe,"  and  describes  the  gracious 
company  thus: 

A  fecund  sight  for  a  philosopher — 

Rich  as  Golconda's  mine  in  lessons  rare — 
That  gem-bedizen'd  "horseshoe"  at  th'  opera, 

Replete  with  costly  hags  and  matrons  fair! 
His  votaresses  doth  Mammon  there  array, 

His  Amazonian  Phalanx  dread  to  face! 
To  Mammon  there  do  they  their  homage  pay! 

Spangl'd  with  jewels,  satins,  silks  and  lace, 
Ghouls — when  they  speak  one  hears  the  grave-mole  squeak — 

Beldams  whose  slightest  glance  would  fright  a  horse; 
Ghouls — when  they  speak  one  hears  the  grave-mole  squeak — 

Their  escorts  parvenus  of  feature  coarse, 
A  rich  array  of  Luxury  and  Vice! 

But,  spite  of  them,  the  music's  very  nice. 

It  may  be  hoped  that  Mr.  Chaloner's  book,  as  well  as  his  play, 
will  have  some  good  effect  in  awakening  the  public  to  that  iniquitous 
system  against  which  Charles  Reade  waged  his  long  war  in  England. 

Both  the  novelist  in  Europe  and  the  aristocrat  in  America  put 
the  case  strongly. 

Their  criticism  of  the  practice  of  adjudging  persons  incompetent 
and  depriving  them  of  their  liberties  without  due  process  of  law  is 
the  theme  well  developed  in  this  story. 

It  shows  that  people  may  still  be  incarcerated  in  insane  asylums 
without  notice  and  without  an  opportunity  to  be  heard.  Once  in  an 


281 

asylum  a  patient  has  little  chance  of  any   liberty;    small  protection 
against  the  keepers. 

The  lunacy  laws  of  the  world  certainly 'need  reform. 


Philadelphia  North  American,  July  29,  1915. 

PLAY    BY    CHAIX)NER. 

John  Armstrong  Chaloner,  who  is  sane  in  Virginia  but  crazy  in 
New  York,  has  gone  into  print  again — this  time  with  a  play,  "Robbery 
Under  Law, '  printed  by  the  Palmetto  Press,  in  North  Carolina.  Fol 
lowing  this  is  a  blank  verse  three-act  drama  of  the  Roman  Republic's 
last  days,  "The  Hazard  of  the  Die."  Further  on — about  half  of  the 
book — is  a  rescript  of  most  of  the  matters  connected  with  Mr.  Chal- 
oner's  invasion  of  the  law's  strong  arm  in  New  York. 


The  Journal,  Milwaukee,  Wis.,  July  31,  1915. 

OUR  LUNACY  LAWS. 

John  Armstrong  Chaloner  has  had  some  very  unpleasant  experi 
ences.  In  "Robbery  Under  Law,  or  The  Battle  of  the  Millionaires,"  he 
makes  his  wrongs  public.  According  to  this  story  he  was  imprisoned 
for  lunacy,  although  perfectly  sane.  This  was  done,  he  explains,  by 
his  brothers  and  sisters  who  thought  thereby  to  obtain  his  share  of 
his  father's  estate.  There  are  many  letters,  essays  and  various  writ 
ings  included,  by  which  he  would  prove  his  sanity.  From  his  account 
it  would  appear  that  he  had  real  cause  for  complaint.  The  avowed 
motive  of  Mr.  Chaloner  in  making  public  his  wrongs,  is  to  bring  about 
reforms  in  lunacy  law  that  no  one  else  may  ever  suffer  what  he  has 
endured.  Mr.  Chaloner  is  a  lawyer.  He  was  married  to  Amelie  Rives, 
and  divorced  from  her  previous  to  her  marriage  to  Prince  Troubetzkoy. 
Besides  the  play  "Robbery  Under  Law"  he  publishes  another,  entitled 
"The  Hazard  of  the  Die."  ("Robbery  Under  Law."  Palmetto  Press, 
Roanoke  R.apids,  North  Carolina.  50  cents.) 


The  Detroit  Free  Press,  Detroit,  Mich. 

"Robbery  Under  Law."  By  John  Armstrong  Chaloner.  A  play  in 
three  acts  and  three  scenes,  by  the  author  of  the  famous  inquiry, 
"Who's  Looney  Now?"  Paper,  octavo,  pp.  240. 

(Roanoke  Rapids,  N.  C.    Palmetto  Press.) 


282 

Los  Angeles  Express,  Los  Angeles,  Calif.,  August  7,  1915. 
"ROBBERY  UNDER  L.AW." 


John  Armstrong  Chaloner  has  written  a  play — or  more  properly 
two  of  them,  but  it  is  the  first  which  gives  title  to  the  book  containing 
them. 

"Robbery  Under  Law"  is  founded  upon  episodes  in  the  author's 
career,  including  his  confinement  in,  and  escape  from,  "Bloomingdale" 
Asylum.  Some  may  find  in  it  an  answer  to  Chaloner's  famous  query 
to  his  brother,  Robert,  upon  the  latter's  marriage  to  an  opera  star. 

The  second  is  a  three  act  play  in  blank  verse,  the  setting  being  in 
the  last  days  of  the  Roman  Republic. 

Then  there  are  some  other  writings  all  of  which  combine  to  make 
a  volume  of  formidable  proportions. 


The  Evening  Wisconsin,  Milwaukee,  Wis.,  August  10,  1915. 

John  Armstrong  Chaloner  continues  his  propaganda  for  reform 
of  the  lunacy  laws.  He  has  just  issued  from  the  Palmetto  Press,  Roan- 
oke  Rapids,  N.  C.,  a  paper-covered  book  (50  cents)  entitled  "Robbery 
Under  Law,  or  The  Battle  of  the  Millionaires,"  a  play  in  three  acts 
and  three  scenes  treating  of  the  adventures  of  the  author  of  "Who's 
Looney  Now?" 


The  Rochester  Democrat,  Rochester,  New  York,  August  6,  1915. 

John  Armstrong  Chaloner,  author  of  "Scorpio"  and  of  the  noted 
phrase  "Who's  Looney  Now?"  and  famous  for  his  many  years'  fight 
after  his  escape  from  "Bloomingdale"  asylum  to  prove  himself  sane, 
has  written  a  new  play  entitled  "Robbery  Under  Law."  The  piece  has 
been  created,  he  says  "in  order  to  serve  as  a  sort  of  propaganda  toward 
the  cause  of  Lunacy  Law  reform,  to  which  the  writer  has  sacrificed 
the  last  eighteen  years  of  his  life,  come  March  13,  1915."  A  portrait 
bust  of  the  author  garbed  as  Napoleon  1st,  with  the  line  "Chaloner  1st; 
1911,  by  Chiswell,"  is  the  frontispiece  of  this  paper-covered  volume. 
This  prepares  one  for  the  great  surprise  that  Chaloner  himself  is  the 
hero  of  his  play,  the  scenes  of  which  are  filled  with  episodes  from  his 
own  stormy  life.  He  is  quite  frank  in  admitting  that  parts  of  his  play 
could  be  cut  "without  the  least  injury  to  the  action,  though  not  to  the 
psychological  value  of  it  as  a  study  in  the  very  latest  and  furthest 
aldvanced  realms  of  a  mediumship.  Since  that  is  what  I  am — a 
medium — in  the  language  of  the  late  Professor  William  James,  of 
Harvard."  Chaloner  has  been  generous,  crowding  another  play  en 
titled  "The  Hazard  of  the  Die,"  and  many  newspaper  clippings  dealing 


283 

with  his  own  case,  into  the  new  volume.     Price,  50  cents  net.     Pub 
lished  by  the  Palmetto  Press,  Roanoke  Rapids,  N.  C. 


Utica  Daily  Press,  Utica,  New  York,  August  12,  1915. 

"Robbery  Under  Law,"  by  John  Armstrong  Chaloner.  Published 
by  The  Palmetto  Press,  Roanoke  Rapids,  N.  C.  Price,  50  cents. 

Boy,  page  Harry  Kendall  Thaw! 

The  man  who  immortalized  himself  with  "Who's  Looney  Now?" 
once  a  husband  of  Amelie  Rives,  now  Princess  Troubetzkoy;  adjudged 
insane  in  New  York  and  sane  in  Virginia,  has  written  the  story  of  his 
own  trials  and  tribulations  in  play  form. 

The  play  goes  under  the  alias  of  "The  Battle  of  the  Millionaires," 
and  is  a  thing  fearful  and  wonderful  to  read.  A  wife-beater  is  killed 
in  the  first  scene,  and  from  then  on,  there  is  plenty  of  action,  with  the 
hero,  Stutfield,  who  is,  of  course,  none  other  than  J.  A.  Chaloner.  The 
acts  and  scenes  of  "Robbery  Under  Law"  are  acts  and  scenes  from 
the  author's  life,  dressed  up  a  bit  and  adorned  with  some  fearfully 
long  speeches.  The  hero  pulls  one  five  pages  long  and  never  seems 
to  notice  it.  A  little  later  on,  when  he  is  incarcerated  in  an  insane 
asylum  by  relatives  who  wish  to  get  his  money,  he  breaks  into  a  letter 
nearly  as  long. 

In  the  course  of  the  play  Mr.  Chaloner  gets  a  great  deal  off  his 
chest  concerning  the  Insanity  Laws  and  the  Courts;  his  hero  always 
rises  above  the  situations  which  confront  him,  and  is  a  wonder  at 
strangle-holds.  Of  course,  Stutfield  escapes  from  the  asylum,  binding 
and  gagging  his  keeper,  and  leaving  him  with  the  capitalized  remark 
"Who's  Looney  Now?"  of  which  the  author  seems  quite  proud.  He  is 
assisted  in  his  escape  by  the  father  of  his  beloved  Viola  and  the  whole 
thing  draws  to  an  end  in  absolute  silence,  for,  while  there  is  plenty 
of  action  in  the  last  page  and  a  half  of  the  play,  not  a  word  is  spoken. 
But  there  is  plenty  in  the  rest  of  the  work  to  make  up  for  it,  and  so 
the  reader  is  not  likely  to  regret  this  feature. 

"The  Hazard  of  the  Die"  is  a  play  in  three  acts  concerning  the 
last  days  of  the  Roman  Republic,  and  concerns  the  conspiracy  of 
Catiline.  It  goes  along  pretty  well  until  the  denouement  is  reached, 
when  the  author  apparently  gets  so  excited  over  his  theme  that  he 
relapses  into  prose  and  past  tense  until  the  hullabaloo  is  over,  when 
he  goes  back  to  blank  verse.  The  remainder  of  the  book  is  hashed 
newspaper  clippings  concerning  the  troubles  of  the  author,  with  some 
treaties  of  poetic  writing  thrown  in  for  luck. 


284 

Houston  Post,  Houston,  Texas,  July  23,  1915. 

Till'    PURSUIT   CONTINUES. 


The  country  had  commenced  to  hope  that  the  end  of  the  Thaw 
case  had  been  reached,  but  Albany  dispatches  state  that  the  attorney 
general  has  ordered  an  investigation  of  the  jury  which  recently  de 
clared  Thaw  sane,  with  a  view  to  nullifying  the  action  of  Justice 
Hendrick's  court  and  opening  the  entire  question  again. 

This  investigation  comes  about  as  the  result  of  the  garrulity  of 
one  of  the  jurors  who  declared  in  an  interview  last  Sunday  that  the 
jury  had  disregarded  Justice  Hendrick's  instruction  that  they  must 
proceed  upon  the  hypothesis  that  Thaw  was  insane  when  he  was  com 
mitted  to  Matteawan  and  then  decide  if  he  were  sane  at  present. 

Instead  of  observing  this  instruction  this  juror  declared  the  jury 
concluded  that  Thaw  had  always  been  sane  and  that  in  killing  White 
he  had  merely  followed  the  "unwritten  law,"  and  ought  to  have  been 
acquitted  in  the  first  trial. 

The  position  of  the  attorney  general  is,  therefore,  that  the  jury's 
verdict  was  not  legally  reached  as  the  jury  had  violated  the  court's 
instructions.  Just  how  much  is  in  this  point  is  for  the  lawyers  to 
thresh  out,  but  as  it  was  Justice  Hendrick's  decision  that  released 
Thaw  and  not  the  jury's,  it  is  difficult  to  see  how  the  judgment  can 
be  upset  merely  because  of  the  mental  attitude  of  the  jurors  in  the 
jury  room. 

The  justice  was  empowered  to  disregard  the  verdict  of  the  jury. 
Had  the  jury  found  Thaw  insane,  the  justice  could  have  released  him. 
Or  he  could  have  remanded  Thaw  to  Matteawan  regardless  of  its  favor 
able  verdict.  As  the  jury  was  acting  merely  in  an  advisory  capacity, 
its  verdict  was  not  vital. 

The  public  had  hoped  that  the  State  would  not  prosecute  the 
appeal  of  which  it  gave  notice,  but  if  it  does,  and  the  decision  of 
Justice  Hendrick  is  set  aside,  there  is  no  likelihood  that  Thaw  would 
return  to  New  York  for  another  trial.  His  $35,000  bond  would  be 
forfeited,  but  there  is  no  way  to  extradite  him,  for  he  is  charged  with 
no  crime  in  New  York.  He  would  be  in  the  same  position  that  John 
Armstrong  Chaloner  is;  legally  insane  in  New  York,  but  legally  sane 
everywhere  else. 

Unless  for  purposes  of  exploitation  or  revenge,  there  could  be  no 
reasonable  motive  for  New  York  to  wish  to  take  Thaw  from  his  native 
State  or  elsewhere  and  impound  him  in  an  institution  for  the  criminal 
insane. 

It  is  plain,  however,  that  Thaw  would  be  wise  to  give  New  York 
a  wide  berth,  regardless  of  the  result  of  the  State's  appeal.  Were  he 
to  sojourn  there  again,  his  enemies  might  easily  conspire  to  get  him 
in  the  toils  again  and  there  is  no  reason  to  doubt  that  they  would 
exhaust  every  resource  to  do  so. 


285 

Pennsylvania  is  the  safest  place  in  the  world  for  him,  and  the 
closer  he  sticks  to  his  mother  the  better  it  will  be  for  him. 


Portland  Evening  Express,  Portland,  Maine,  August  21,  1915. 

"Robbery  Under  Law,"  by  the  author  of  "Scorpio,"  is  a  play  by 
John  Armstrong  Chaloner,  phrase-maker  extraordinary  and  author  of 
"Who's  Looney  Now?"  intended  to  fight  the  lunacy  laws  of  the  various 
States.  The  play  is  founded  on  Chaloner's  own  adventures  before  and 
after  his  escape  from  "Bloomingdale."  It  will  be  remembered  that 
Chaloner  was  adjudged  insane  under  New  York  law  but  was  cleared 
of  the  charge  in  Virginia.  The  writer  says  it  is  his  intention  to  pro 
duce  the  play  in  all  parts  of  the  country  and  to  accompany  its  pro 
duction  with  lectures  on  the  iniquity  of  the  insanity  laws.  A  picture 
of  Chaloner  in  the  dress  of  Napoleon  forms  the  frontispiece.  Published 
by  The  Palmetto  Press,  Roanoke  Rapids,  N.  C. 


The  Sun,  Baltimore,  Md.,  August  1,  1915. 

"Robbery  Under  Law,  or  The  Battle  of  the  Millionaires."  By  John 
Armstrong,  Chaloner.  (Palmetto  Press,  Roanoke  Rapids,  N.  C.  Paper 
cover,  pp.  240,  50  cents.)  A  play  in  three  acts  and  three  scenes,  time, 
1887,  treating  of  the  adventures  of  the  author  of  "Who's  Looney  Now?" 


The  Scimitar,  Memphis,  Tenn.,  July  15,  1915. 

Prom  the  Palmetto  Press,  Roanoke  Rapids,  N.  C.,  comes  a  fat 
volume  garnished  in  purple  and  gold,  with  two  splashes  of  red  across 
the  front  paper  cover,  the  author  of  which  is  John  Armstrong  Chaloner, 
who  startled  the  reading  public  some  time  ago  by  the  famous  query 
"Who's  Looney  Now?"  During  the  course  of  his  trial  the  other  day 
Harry  Thaw  honored  the  Virginian  by  repeating  the  query.  The 
volume  contains  a  play  called  "Robbery  Under  Law"  and  another  called 
"The  Hazard  of  the  Die,"  together  with  a  vast  amount  of  comments 
and  correspondence  that  he  has  gathered  up  and  assembled.  In  New 
York,  if  he  should  venture  there,  Chaloner  would  probably  be  called  the 
brightest  crazy  man  alive.  In  Virginia  he  is  legally  sane  and  certainly 
a  most  industrious  writer  and  man  of  affairs.  His  play  shows  that 
his  reading  has  been  discursive  and  by  no  means  desultory,,  and  if  he 
is  a  madman,  then  all  the  great  icriters  can  be  convicted  of  the  same 
charge.  He  certainly  has  imagination  and  inventive  genius,  and  his 
workmanship  shows  a  command  of  literary  technique  not  to  be  de 
spised.  His  gifts  are  eminently  respectable,  and  he  is  fortunate  in 
having  the  money  to  place  himself  before  the  public  in  spite  of  the 
Pharisees  and  the  guardians  of  our  literary  morals." 


286 

The  Age-Herald,  Birmingham,  Ala.,  September  5,  1915. 

"ROBBERY  UNDER  LAW,  OR  THE  BATTLE  OF  THE  MILLION 
AIRES."  (A  play  in  three  acts  and  three  scenes.)  By  John 
Armstrong  Chaloner.  The  Palmetto  Press,  Roanoke  Rapids,  North 
Carolina. 

John  Armstrong  Chaloner,  author  of  "Scorpio,"  presents  a  play 
under  the  title  of  "Robbery  Under  Law,  or  the  Battle  of  the  Million 
aires,"  which  has  attracted  widespread  attention. 

Among  other  things — interesting  things — about  the  play,  is  Mr. 
Chaloner's  "prologue,"  which  throws  considerable  light  on  the  subject 
as  follows: 

"Since  finishing  the  play,  'Robbery  Under  Law,'  last  fall,  the 
undersigned  has  written  another  play  found  herewith,  entitled,  'The 
Hazard  of  the  Die,'  a  three  act  play  in  blank  verse  treating  of  the 
conspiracy  of  Catiline  during  the  last  days  of  the  Roman  Republic. 

"A  word  of  explanation  is  germane  to  the  matter  in  hand.  Upon 
finishing  'Robbery  Under  Law,'  this  last  fall,  the  writer  sent  it  to  a 
friend — a  lady — upon  a  large  New  York  daily  paper.  She  in  turn  sent 
it  to  another  lady — a  friend  of  hers — with  the  request  that  she  bring 
the  play  to  the  attention  of  her  friends — a  large  New  York  theatrical 
manager's  play  reader. 

"In  closing  this  introduction  to  an  introduction — so  to  speak — it 
might  be  observed  that  the  length  of  the  first  play — a  thing  which  can 
be  remedied  by  a  blue  pencil  and  judicious  and  experienced  cutting, 
without  in  the  least  interfering  with  the  action  of  the  drama — the 
length  has  been  retained — even  added  to — since  the  letter  below  was 
written — in  order  to  serve  as  a  sort  of  propaganda  towards  the  cause 
of  Lunacy  Law  reform,  to  which  the  writer  has  sacrificed  the  past 
eighteen  years  of  his  life — come  March  13,  1915.  All  the  characters — 
with  the  exception  of  the  heroine's — which  is  entirely  an  imaginary 
one — having  been  photographed  actually — so  to  speak — from  life;  and 
all  the  actions  of  the  characters — bar  the  heroine's — having  been  prac 
tically  copied  from  the  court  records  as  is  indicated  in  the  subjoined 
letter.  To  that  end  the  writer  has  left  his  comments  unpruned,  upon 
the  abominable  laws,  and  the  even  more  abominable  administration 
of  said  laws,  by  the  New  York  courts,  both  State  and  Federal,  set  forth 
in  'Robbery  Under  Law.' 

"The  object  being  to  put  before  the  papers  the  deadly  disease 
eating  the  fibre  of  our  body-politic  in  vicious  Lunacy  Legislation  obtain 
ing  in  40  per  cent,  of  the  States  of  the  United  States  as  'Damaged 
Goods'  put  before  the  papers  and  public  the  deadly  disease  eating  the 
flesh  of  alas!  but  too  many  of  the  peoples  of  the  earth." 

Charles  Reade's  brilliant  and  powerful  novel,  "Very  Hard  Cash," 
of  some  50  years  ago,  revolutionized  the  treatment  of  prisoners  behind 
the  bars  of  English  insane  asylums.  It  is  far  too  much  to  expect  the 
same  result  from  "Robbery  Under  Law,"  but  for  what  it  is  worth  as  a 
photographic  exposition  of  cold,  hard,  every  day  facts,  in  our  alleged 
humane  and  civilized  and  upright  community  of  the  United  States,  it  is 
hereby  launched  upon  the  perilous  seas  of  literature." 

From  the  foregoing  the  object  of  the  play  may  be  deducted  and 
the  brilliant  manner  in  which  the  author  has  handled  the  subject  is 
in  keeping  with  the  other  clever  things  he  has  written. 


Decision  of  Judges  lacombe,  Coxe  and  Noyes 

162  Federal  Reports,  19. 

CHALONER  vs.    SHERMAN. 
(Circuit  Court  of  Appeals,  Second  Circuit.) 
May  11,  1908. 

No.  201. 

In  error  to  the  Circuit  Court  of  the  United  States  for  the  Southern 
District  of  New  York,  W.  D.  Reed  for  plaintiff-in-error ;  Evarts,  Choate 
and  Sherman  (J.  H.  Choate,  Jr.,  and  George  L.  Kobbe,  of  counsel),  for 
defendant-in-error. 

Before  Lacombe,  Coxe,  and  Noyes,  Circuit  Judges. 

Noyes,  Circuit  Judge.  "This  appeal  is  from  the  denial  of  a  petition 
for  an  auxiliary  order  in  the  nature  of  a  writ  of  protection,  in  an 
action  at  law  for  conversion. 

"The  situation  as  disclosed  by  the  record  in  the  action  and  by  the 
affidavits  upon  the  petition  may  be  thus  briefly  stated. 

"(1)  In  1897  the  petitioner — being  the  plaintiff  in  said  action — 
was  adjudged  insane  by  a  justice  of  the  Supreme  Court  of  New  York 
and  ordered  committed  to  Bloomingdale  Asylum,  an  institution  for 
the  custody  of  the  insane,  to  which  he  was  duly  taken  and  from  which 
he  escaped  in  1900  and  went  to  Virginia. 

"(2)  In  1899  an  order  was  made  by  the  Supreme  Court  of  New 
York  finding  that  the  petitioner  was  of  unsound  mind,  and  appointing 
a  committee  of  his  person  and  property,  which  office  is  now  held  by 
the  defendant  in  this  action. 

"(3)  In  1901  upon  an  application  made  to  the  County  Court  of 
Albemarle  County,  Virginia,  where  the  petitioner  then  resided,  alleging 
that  he  had  previously  been  adjudged  insane  in  New  York  and  praying 
for  an  examination  as  to  his  then  condition,  said  court  found  that  he 
was  sane  and  capable  of  managing  his  affairs. 

"(4)  In  1904  the  petitioner  brought  this  action  in  the  Circuit 
Court  as  a  citizen  of  Virginia  averring  that  he  was  sane,  and  had  so 
been  declared  by  the  Virginia  court  and  that  said  orders  of  the  Su 
preme  Court  of  New  York  and  of  the  justice  thereof  were  void  for 
want  of  jurisdiction,  and  demanding,  damages  from  the  defendant 
upon  the  theory  that  he  had  converted  the  property  of  the  petitioner 
in  his  hands  as  committee.  , 

"(5)  The  defendant  in  his  answer,  not  only  relied  upon  said  New 
Your  orders,  *but  went  further,  and  alleged  that  the  plaintiff — the 
•petitioner — was  and  had  teen  in  fact  insane,  and  that  the  judgment  of 
the  Virginia  Court  was  collusive  and  void. 


288 

"(6)  The  time  for  the  trial  of  said  action  approaching,  the  plaintiff 
filed  the  present  petition,  stating  that  his  presence  as  a  witness  at 
the  trial  was  imperatively  required,  but  that,  in  case  he  returned  to 
New  York  he  was  threatened  with  reincarceration  in  the  asylum,  not 
withstanding  the  Virginia  decree. 

"He  therefore  prayed  for  an  order  protecting  him  while  coming 
into  the  State  of  New  York,  attending  the  trial  and  returning. 

"It  is  apparent  from  the  record,  that  upon  the  issues  as  they  stand, 
the  attendance  of  the  petitioner  at  the  trial  is  necessary.  His  case 
cannot  be  presented  without  him.  And  it  is  also  most  probable  that, 
if  the  petitioner  return  to  New  York  without  protection  he  will  be 
apprehended  and  retaken  to  the  asylum,  as  an  escaped  patient.  With 
out  relief  he  is  in  this  predicament.  He  must  abandon  his  action  for 
the  recovery  of  a  quarter*  of  a  million  dollars  in  order  to  retain  his 
freedom  or  must  abandon  hia  liberty  in  order  to  try  his  case.  The 
Constitution  of  the  United  States  vests  in  its  judicial  department 
jurisdiction  over  controversies  between  citizens  of  different  States. — 
The  petitioner  as  a  citizen  of  the  State  of  Virginia  in  bringing  his  said 
suit  in  the  Circuit  Court$  of  the  United  States,  was  availing  himself 
of  a  right  founded  upon  this  constitutional  provision.  And  he  came 
into  that  court  with  a  decree  of  the  court  of  the  State  of  which  he 
was  a  citizen,  declaring  his  sanity. 

"We  cannot  disregard  that  decree.  In  considering  it  we  do  not 
ignore  the  orders  of  the  courts  of  New  York.  Insanity  is  not  neces 
sarily  permanent.  For  the  purpose  of  this  petition — laying  aside 
jurisdictional  questions — we  may  properly  consider  that  the  petitioner 
was  insane  when  so  declared  in  New  York,  but  that  he  had  recovered 
his  sanity  when  he  was  declared  sane  in  Virginia. 

"The  question,  then,  is  whether  a  circuit  court  of  the  United 
States  has  power  to  protect  a  person  in  the  situation  of  the  petitioner 
while  attending  the  trial  of  his  cause  therein.  It  is  objected  at  the 
outset  that  the  Circuit  Court  has  no  power  to  grant  a  protective  order 
because  it  would  have  the  effect  of  restraining  proceedings  in  a  State 
court.  Sec.  720  of  the  Revised  Statutes  prohibits  the  granting  of 
writs  of  injunction  to  stay  proceedings  in  any  court  of  a  State,  except 
when  authorized  in  bankruptcy  proceedings.  But,  assuming  that  the 
order  at  present  prayed  for  would  have  injunctive  effect,  our  attention 
has  been  directed  to  no  proceeding  pending  in  a  State  court  which  it 
would  stay. 

"It  appears  that  ten  years  ago  a  judge  of  a  State  court  signed  an 
order  committing  the  petitioner  to  an  asylum,  and  that  the  order  was 
complied  with.  It  does  not  appear  that  those  proceedings  are  still 
pending  or  that  resort  to  them  would  be  necessary  to  recommit  the 


*Italics  ours. 

tThe  sum  technically  sued  for;  in  reality  largely  over  a  million. 

ttSince  been  changed  to  District  Court. 


289 

petitioner  to  the  asylum.  The  Statutes  of  New  York  apparently  pro 
vide  that  patients  escaping  from  insane  hospitals  may  be  returned  by 
peace  officers  and  by  designated  hospital  attendants. 

"No  proceedings  in  court  seem  necessary  or  to  be  provided  for. 
The  only  other  proceedings  in  New  York — those  in  which  a  committee 
was  appointed — if  still  regarded  as  pending  would  not  be  stayed  by  a 
protecting,  order,  because  it  was  not  the  object  of  those  proceedings 
to  commit  the  petitioner  to  an  asylum.  He  was  already  in  one  when 
they  were  instituted. 

"The  next  objection  is  that  the  petitioner  ought  to  apply  to  the 
courts  of  the  State  of  New  York  for  the  recision  of  the  orders  commit 
ting  him  to  the  asylum  and  appointing  a  committee  of  his  person  and 
property.  We  have  not  the  slightest  doubt  that  full  justice  would  be 
don»-  the  petitioner  should  '  t  submit  himself  to  the  jurisdiction  of  ihe 
State  courts. 

"But  to  assume  that  he  was  under  any  obligation  to  resort  to 
them  is  to  beg  the  whole  question  at  issue.  To  say  that  the  orders 
in  question  were  valid  and  must  stand  until  set  aside  by  the  tribunal 
which  granted  them  is  to  assert  that  the  petitioner  has  no  cause  of 
action  in  the  Circuit  Court.  But  he  states  a  cause  of  action.  He  as 
serts  that  the  orders  were  wholly  void  for  want  of  jurisdiction.  And 
if  they  were  void,  they  were  of  no  effect,  and  the  petitioner  had  a 
right  to  assert  their  invalidity  in  any  court. 

"We  now  come  to  the  broad  question  of  the  power  of  the  Circuit 
Court  to  grant  a  protective  writ. 

"Such  writs  have  been  issued  since  early  times  to  protect  wit 
nesses,  and  parties  coming;  from  one  State  into  another  to  attend  a 
trial  from  arrest  and  detention  upon  civil  process.  It  is  true  that  if 
the  petitioner  were  retaken  as  an  escaped  insane  patient,  it  would  not 
be  upon  civil  process.  But  whatever  the  form  of  the  process — if  any 
at  all  were  necessary —  the  power  exercised  to  retake  him  would  be 
that  of  the  police.  With  the  exercise  of  the  police  power  of  a  State  a 
court  of  the  United  States  should  not  lightly  interfere.  But  we  have 
no  doubt  of  its  right  to  interfere  when  necessary  for  the  efficient  exer 
cise  of  its  own  jurisdiction  and  where  the  threatened  act  under  the 
police  power  must  rest  for  its  justification  upon  the  validity  of  the 
very  matter  which  the  court  is  called  upon  to  determine. 

"The  petitioner  was  given  the  right  under  the  laws  of  the  United 
States  to  try  his  case  in  the  courts  of  the  United  States.  He  is  not 
permitted  to  exercise  that  full  right,  and  the  court  in  effect  is  not 
permitted  to  exercise  its  full  jurisdiction,  if,  while  attending  the  trial 
and  perhaps  before  he  can  be  heard,  he  may  be  seized  and  taken  to 
an  asylum — and  so  seized  for  the  reason,  that  he  had  been  previously 
committed  under  an  order  which  the  petitioner  in  the  very  case  was 
asserting  to  be  wholly  void.  Under  such  extraordinary  conditions,  we 
think  the  Circuit  Court  had  the  power  to  grant  the  protective  writ. 

"Having  determined  the  question  of  power,  we  come  to  the  pro 
priety  of  exercising  it. 


290 

"Notwithstanding  the  fact  that  the  petitioner  is  at  liberty  in  other 
States,  it  is  suggested  that  it  would  be  unsafe  for  him  to  be  brought 
to  New  York.  //  any  danger  were  to  be  apprehended  it  would  furnish 
o  good  reason  for  refusing  the  writ.  There  is,  however,  nothing  in 
the  record  to  indicate  the  probability  of  any  such  danger  and  the  peti 
tioner's  prayer  for  relief  is  based  upon  the  express  condition  that  he 
remain  in  the  custody  of  United  States  marshals  during  his  entire 
sojourn  in  the  State. 

"For  these  reasons  we  think  a  writ  of  protection  should  issue  if 
the  pleadings'  in  the  case  remain  as  they  are.  The  defendant  joins 
issue  upon  the  fact  of  sanity  after  the  New  York  orders  were  made, 
and  also  sets  up  that  the  Virginia  decree  was  obtained'  by  collusion 
and  is  void.  With  respect  to  these  questions  the  presence  of  the  peti 
tioner  upon  the  trial  would  be  imperatively  required.  //,  however,  the 
defendant  as  a  committee  appointed  by  the  Supreme  Court  of  New 
York,  stood  squarely  upon  the  decrees  of  that  court  as  justifying  his 
acts  and  asserted  that  such  decrees  while  unreversed,  constitute  a 
complete  defense  regardless  of  the  fact  whether  the  petitioner  had 
since  recovered  his  sanity,  the  question  upon  the  trial  in  the  Circuit 
Court  would  simply  relate  to  the  validity  of  those  decrees. 

"That  question  would  be  principally  a  question  of  law.  Practically 
the  only  facts  involved  would  be  as  to  notice  given  the  petitioner — 
if  notice  is  necessary — and  perhaps  as  to  his  residence. 

"With  respect  to  these  questions,  the  proof  would  necessarily  be 
within  narrow  limits,  and  the  petitioner's  testimony,  if  required  might 
be  taken  by  deposition.  Upon  such  issues  we  think  the  personal  pres 
ence  of  the  petitioner  not  so  necessary  that  he  should  be  granted  the 
extraordinary  relief  prayed  for  here. 

"The  order  of  the  Circuit  court  is  reversed,  with  costs  to  the  peti 
tioner,  and  the  matter  is  remanded  to  the  court  with  instructions,  in 
case  the  issues  remain  as  at  present,  to  issue  a  writ  of  protection  to 
the  petitioner  prohibiting  any  person  from  apprehending  or  taking 
him  for  the  purpose  of  returning  him  or  committing  him  to  an  insane 
asylum  while  attending  the  trial  of  this  said  action  and  for  such 
reasonable  time  before  and  after  the  trial  as  said  court  may  determine 
is  necessary  for  him  to  come  into  the  State  and  return,  provided  that 
he  shall  submit  himself  during  such  time  to  the  custody  of  one  or 
more  United  States  marshals,  shall  obey  their  directions  and  shall 
pay  the  expenses  of  their  employment.  But  that  in  case  all  the  issues, 
except  with  respect  to  the  validity  and  effect  of  the  said  orders  of  the 
Supreme  Court  of  New  York  and  of  the  justice  thereof,  be  eliminated 
within  sixty  days,  then  said  writ  of  protection  do  not  mue."t 


tSaid  issues  remain  in  statu  quo. 


291 


What  the  Law  Reviews  Have  to  Say  about  "  The 
Lunacy  Law  of  the  World." 


By  John  Armstrong  Chaloner,  A.  B.,  A.  M.,  Member  of  the  Bar. 


NORTHEASTERN  REPORTER. 

St.  Paul,  Minn.,  July,  1907. 

"The  Palmetto  Press,  Roanoke  Rapids,  N.  C.,  has  printed  a  book  on 
The  Lunacy  Law  of  the  World,'  by  John  Armstrong  Chaloner,  of  the 
same  place.  It  is  an  examination  of  the  laws  of  the  States  and  Terri 
tories,  and  of  the  Six  Great  Powers  of  Europe,  on  this  subject,  and  is  in 
terms  a  very  severe  arraignment  of  most  of  them.  It  would  appear 
that  the  iniquitous  system  against  which  Charles  Reade  waged  war 
has  by  no  means  disappeared.  People  may  still  be  incarcerated  in 
insane  asylums  without  notice,  and  without  an  opportunity  to  be 
heard,  either  in  person  or  by  attorney  and  once  in  an  asylum,  a 
'  patient  has  little  protection  against  the  keepers.  They  may  be  wise$ 
and  kind,  but  the  instances  of  cruelty  which  occasionally  reach  the 
public  indicate  that  this  is  not  a  safe  assumption.  Mr.  Chaloner  holds 
a  brief  for  the  accused,  and  puts  his  case  very  strongly,  but,  in  view 
of  the  cases  he  cites,  it  would  be  impossible  to  state  the  matter  too 
strongly.  He  says: 

"  'A  survey  of  the  field  of  Lunacy  legislation  the  world  over  pre 
sents  to-day  an  appalling  spectacle.  It  affords,  to  put  it  mildly,  the 
strongest  card  in  favor  of  anarchy — of  no  law — ever  laid  upon  the 
table  of  world-politics  and  throws  into  lamentable  relief  the  fact  that 
in  about  forty  per  cent,  of  the  'States  and  Territories  of  the  United 
States  neither  the  Bench — with  many  honourable  exceptions — the  Bar 
nor  the  Legislature,  can  be  entrusted  with  safeguarding  that  funda 
mental  principle  of  liberty,  the  absolute  rights  of  the  individual.' 
"The  book  should  awaken  public  interest  in  an  important  matter." 


THE  OHIO  LAW  BULLETIN. 

Norwalk,  Ohio,  July  29,  1907. 
Chaloner,  Lunacy  Law  of  the  World. 

"A  criticism  of  the  practice  of  adjudging  persons  incompetent  and 
depriving  them  of  their  liberties  without  due  process  of  law,  fortified 
by  decisions  of  the  courts,  is  the  theme  upon  which  the  author  has  de 
veloped  this  interesting  and  instructive  work.  The  lunacy  law  of  all 
the  States  of  the  Union  and  six  of  the  Great  Powers  of  Europe  are 


292 

reviewed,  and  surprising  ag  it  may  seem,  nearly  half  of  the  States  and 
Great  Britain  fail  to  require  notice  of  the  inquisition  to  be  given  the 
alleged  lunatic  or  incompetent;  twenty-four  of  the  States  and  Ger 
many  and  Great  Britain  fail  to  afford  him  opportunity  to  appear  and 
be  heard.  The  author  makes  it  conclusively  appear  that  there  is 
needed  revision  of  these  laws.  Edited  by  John  Armstrong  Chaloner, 
counsellor  at  law.  Published  by  the  Palmetto  Press,  Roanoke  Rapids, 
N.  C. 


THE  OKLAHOMA  LAW  JOURNAL. 

Guthrie,  Oklahoma,  September,  1907. 
"The  Lunacy  Law  of  the  World, 

By  John  Armstrong  Chaloner. 

Published  by  the  Palmetto  Press, 

Roanoke  Rapids,  N.  C. 

This  is  a  volume  of  nearly  four  hundred  pages,  well  printed,  but 
bound  in  paper  covers — a  point  always  detrimental  to  the  sale  as  well 
as  the  dignity  of  a  law  book.  However,  when  the  contents  are  care 
fully  read  and  reflected  upon,  it  is  found  one  of  the  best  and  most 
needed  books  that  has  appeared  for  many  years. 

The  subject  of  Lunacy  Law  in  spite  of  all  the  legislation  we  have 
had  in  other  departments,  has  received  little  attention.  In  fact,  it  is 
little  better  than  when  Charles  Reade  wrote  his  book,  entitled  'Hard 
Cash.'  From  the  fact  that  many  mentally  deranged  persons  are  in 
capable  of  comprehending  the  nature  of  the  steps  taken  to  place  them 
in  custody,  the  custom  has  become  prevalent  that  no  process  is  needed 
to  place  them  on  trial  as  to  their  sanity.  It  is  to  be  remembered 
that  in  every  State  of  the  Union  and  in  fact,  in  every  country  of  the 
world,  fraud  has  been  perpetrated  on  men  and  women  of  means  by 
greedy  relatives  and  the  unfortunate  ones  placed  in  asylums  for  no 
other  purpose  than  to  secure  control  of  their  property.  And  further 
it  should  be  remembered  that  one  once  adjudged  insane  if  he  cannot 
secure  a  hearing  of  his  right  to  restoration  through  the  influence  of 
true  friends  he  is  forever  barred  of  the  right  to  be  heard.  He  has 
lost  the  standing  of  a  citizen.  There  is  much  in  Mr.  Chaloner's  book 
that  should  be  well  studied  by  every  lawyer  and  legislator  as  to  what 
should  be  done  to  secure  the  constitutional  rights  of  every  one  alleged 
to  be  of  unsound  mind.  The  book  carefully  goes  over  the  law  of 
lunacy  in  the  forty-five  States  and  Territories  as  well  as  that  of  the 
leading  nations  of  Europe." 


293 

LANCASTER   LAW   REVIEW. 

Lancaster,  Pa.,  September  30,   1907. 
"The  Lunacy  Law  of  the  World, 

By  John  Armstrong  Chaloner,  Counsellor  at  Law. 
Palmetto  Press,  Roanoke  Rapids,  N.  C. 

The  work  is  a  review  of  the  lunacy  laws  of  the  States  and  Terri 
tories  of  this  country  together  with  those  of  Great  Britain,  France, 
Italy,  Germany,  Austria  and  Russia,  with  a  view  of  showing  their  de 
fects — mainly  in  regard  to  affording  proper  protection  to  the  alleged 
lunatic. 

To  those  of  us  who  have  been  accustomed  to  look  with  compla 
cency  on  our  lunacy  laws,  remembering  how\  lunatics  were  thrown 
into  dungeons  and  chained  and  tortured  but  a  short  time  ago,  this 
book  brings  home  some  startling  truths.  It  shows  clearly  the  dan 
gers  of  that  class  of  legislation  in  force  in  England  and  many  of  our 
States  (as  our  own  Act  of  April  20,  1869,  P.  L.,  78),  which  permits  an 
alleged  lunatic  to  be  incarcerated  upon  the  certificate  of  'two  or  more 
reputable  physicians.' 

The  author  contends  that  in  lunacy  proceedings  notice  to  the  al 
leged  lunatic  ought  to  be  absolutely  essential  and  that  the  trial  should 
be  by  jury  in  the  presence  of  the  alleged  lunatic-;  that  any  other  prac 
tice  is  a  violation  of  his  constitutional  rights  and  dangerous,  in  that 
it  might  be  used  by  designing  relatives  for  fraudulent  purposes. 

The  importance  of  a  jury  trial  in  such  cases  has  been  recognized 
by  Judge  Brewster  in  Com.  ex  rel.  vs.  Kirkbride,  2  Brewster,  402. 
The  writ  of  habeas  corpus  is  not  a  sufficient  safeguard. 

In  setting  forth  the  importance  of  allowing  the  alleged  lunatic  an 
opportunity  to  appear,  the  author  says: 

"The  test  of  sanity  is  a  mental  test  wholly  within  the  power  of 
the  accused  to  accomplish  and  without  any  witnesses,  professional  or 
lay,  to  back  him  up.  Suppose  two  paid  experts  in  insanity  in  the  pay 
of  the  other  side,  swear  defendant's  mind  cannot  tell  what  his  past 
history  has  been — that  said  defendant's  mind  is  a  total  blank  upon 
the  subject.  Would  that  professional  and  paid  for  and  interested  oath 
stand  against  the  defendant's  refutation  thereof  by  taking  the  stand 
and  promptly  and  lucidly  giving  his  past  history,  provided  he  were 
afforded  his  legal  privilege  of  taking  the  stand  in  place  of  being  kept 
away  from  court  and  having  to  allow  his  liberty  and  property  to  be 
perjured  away  from  him  in  his  enforced  absence?"  (Page  217.) 

Collusion  would  be  very  difficult  to  prove.  It  has  been  held  that 
no  presumption  arises  from  the  fact  that  the  parties  certifying  to  the 
alleged  lunacy  were  in  fact  mistaken.  Williams  vs.  Le  Bar,  114  Pa., 
149. 

The  subject  is  an  important  and  interesting  one,  and  the  book 
shows  extensive  and  careful  research.  It  is  forcefully  written  and  car 
ries  conviction." 


294 

LAW  NOTES. 

Northport,  New  York,  September,  1907. 
"The  Lunacy  Law  of  the  World, 

By  John  Armstrong  Chaloner, 

Palmetto  Press,  Roanoke  Rapids,  North  Carolina. 
The  writer  is  assuredly  earnest,     .     .     .     setting  forth  the  unques 
tionable    abuses  to  which  the  state  of  the  lunacy  law  has  given  rise. 
The  exhaustiveness  of  his  research  into  the  question  compels  ad 
miration;   an  author  who  can  work   through  lunacy  laws  from  the 
time  of  the  Emperor  Conrad  down  to  the  present." 


Harper's  Weekly,   (New  York),  August  14,  1915. 


John  Armstrong  Chaloner,  Esq.,  of  Virginia,  who,  apropos  of  Mr. 
Trevor's  articles,  said:  "It  is  a  splendid  idea,  and,  so  far  as  I  know, 
absolutely  original,  to  have  nwn's  wearing  apparel  treated  by  a  gentle 
man  and  a  litterateur." — Vanity  Fair.  New  York,  July,  1915. 


297 

Harper's  Weekly,  (New  York),  August  14,  1915, 
PEN  AND  INKLINGS. 
By   Oliver    Herford. 


Who's  Pantaloony  Now? 

Disrespectfully  dedicated  to  John  Armstrong  \Chaloner,  Esq. 

Astride  your  charger   (like  Napoleon)   seated, 
Upon  the  world,  this  jewel  you  confer. 
"How  splendid  to  have  men's  attire  treated 
Sic  by  a  gentleman  and  litterateur." 

Ah  me!     Had  Horace  when  his  muse  was  flagging, 
But  given  laughing  Lalage  a  rest, 
And  kept  Maecenas'  pantaloons  from  bagging, 
(Or  whatever  'twas  he  wore  below  his  vest.) 


If  Tommy  Moore  when  not  devoutly  pressing 
His  suit  in  amorous  rhyme,  had  pressed  instead 
His  patrons'  lordly  "pants,"  it  is  past  guessing 
What  titles  had  been  showered  on  his  head. 

Had  Bobby  Burns  renounced  his  Highland  lassies, 
And  tuned  his  pipes  to  "Gentlemen's  attire," 
He  might  in  time  have  risen  from  the  masses 
And  been  addressed  as  Eobert  Burns,  Esquire. 

Come,  Chaloner,  confess  like   a   good  feller 
By  "Gentleman  and  litterateur"  you  meant 
The  literary  style  of  the  Best  Seller 
And  the  strictly  pure  refinement  of  the  Gent. 


DAVID-UP-TO-DATE 


A  SEQUENCE  OF  SIX  DRAMATIC  SONNETS 
To  Henry  Brinsley. 

I. 

I  am  the  modern  David — that  '*  my  claim. 
Apply  four  lives  the  deadly  parallel 
And  thou  shalt  see  that  sans  the  slightest  blame 
He  was  forced  to  run  the  gauntlet  of  black  Hell ! 
Then  song  to  him  was  given — Divine  gift! 
With  which  to  sing  his  woes  and  praise  his  God 
With  which  to  sing  life's  lute  and  her  sad  rift 
With  which  to  sing  grim  Saul — his  iron  rod! 
T'Adullam's  Cave  he  then  was  forced  to  flee 
And  gather  there  his  future  "Mighty  Men" 
In  Adullam's  Cave  "The  Merry  Mills"  ye  see 
And  as  he  drew  the  sword,  draw  I  the  pen. 
I  call  upon  my  God,  Jehovah  Jah! 
The  Supreme  Being!    God  the  "Man  of  War!" 

II. 

The  mighty  Goliath  he  first  did  slay — 

That  haughty  formidable  Philistine — 

The  boldest  deed  sun  e'er  shone  on  I  say! 

In  days  full  modern  or  in  days  pristine. 

The  modern  Philistine's  the  Mad-House  Trust 

Which  held  me  captive  for  four  fetid  years 

Hoping  thereby  my  courage  could  be  crusht 

Hoping  my  soul  would  drown  herself  in  tears. 

David  then  fled  an  exile  from  his  home 

And  to  save  's  life  did  feign  insanity 

I  to  save  mine  to  th'  Sunny  South  have  come 

And  tables  turned!     Courts  proved  my  sanity! 

I  call  upon  my  God  Jehovah  Jah ! 

"The  God  of  Battles!"    God  the  "Man  of  War!" 


299 


III. 


Goliath,  with  the  law  as  sling,  I'll  slay! 

And  cut  his  head  off,  and  stamp  on  the  same. 

As  fighting-dog  I  sure  shall  have  my  day — 

Then  from  the  world  my  meed  of  fame  I'll  claim! 

In  His  good  time  the  Lord  did  conquer  Saul — 

And  that  grand  spirit  nobly  took  his  life 

Drowning  his  sorrows  in  a  sea  of  gall 

Thus  baffling  Philistines  o'  th'  fruits  of  strife ! 

David  then  entered  on  his  glorious  wars! 

And — King  of  Israel — did  rule  the  land. 

His  glory  mounts  for  aye  unto  the  stars! 

His  name's  a  household  word  on  every  hand ! 

David,  as  God  said,  was  a  "man  of  blood" 

So  falls  my  pen  on  rogues  with  bloody  thud! 


IV. 


As  David  drew  the  sword,  draw  I  the  pen 

Poet-pen-militant!     The  pen  of  war! 

And  with  its  edge  draw  I  the  blood  of  men 

A  magic  edge  that  slays  or  near  or  far ! 

Nought  can  escape  me  in  the  Universe! 

Kings,  Potentates,  and  Princes — Monarchs  all! 

For  each  a  pit  is  digged  within  my  verse 

For  each  is  spread  a  winding-sheet — a  pall. 

The  rich  and'  haughty  are  my  chopping-block — 

The  block  on  which  my  Headsman's  axe  doth  strike — 

Their  swollen  heads  and  swollen  guts  I  mock, 

My  lictor's  rods  scourge  fools  whom  I  dislike! 

We  crown  ourselves  THE  KING  OF  WARLIKE  VERSE 

And  smile  while  hostile  critics  rave  and  curse. 


300 

V. 

I  haste  to  say  some  critics  are  my  friends, 

A  goodly  roll  of  talent  supports  me 

A  goodly  roll  of  critics  back  my  ends 

A  goodly  roll  my  aim's  pure  ends  do  see. 

But  Bushwhacker-Banditti  of  the  Pen 

Blackguard  Swashbucklers  and  Draw-Can-Sirs  fell 

Who  lick  the  boots  of  low-born  rich-quick-men 

Anent  my  Muse  the  d — dest  lies  do  tell ! 

These  paltry,  petty,  furtive  human-lice 

These  gray-back-body-lice  that  run  so  fast 

Unless  one  is  upon  them  in  a  trice 

The  day  of  reck'ning's  gone!     Its  hour  full  past! 

Against  these  vermin  do  I  detonate 

And  jet  pure  vitriol  both  soon  and  late. 

J.    A.    C.,    Richmond,  Virginia,  Jefferson's  Birthday,  1915. 

L/  Envoi 

VI. 

We  point  unto  our  record  quietly. 

The  Tribune  and  the  World  admit  by  we 

The  Kaiser  and  his  crew  entirely 

In  purest  vitriol  deep  soused  be. 

And  other  leading  papers  say  the  same 

Anent  our  modest  book  Pieces  of  Eight — 

North,  South  and  West  do  frank  admit  naught's  tame 

That  therein  pictures  for  said  crew  our  hate. 

All  frank  admit  that  we  possess  the  "punch" — 

The  "punch"  that  lands  the  "knock-out"  coveted— 

The  "punch"  which  swift  all  consciousness  doth  crunch 

Pulverize  and  put  out  i'  th'  buffeted. 

T'all  said  distinguished  judges  of  our  "swat" 

We  bow  our  compliments  and  doff  our  hat. 

J.  A.  C.,  Richmond,  Virginia,   May   19,   1915. 


301 


INDEX 


AM   BABA   AND   THE   FORTY   THIEVES    (A    Romance  in 
High    Life   in    New    York   showing   how   the   Vendetta    is 

operated  on  Fifth   Avenue)     82-136 

ALADDIN  AND  HIS  WONDERFUL  LAMP 148-178 

Author  of  "Who's  Looney  Now?"  Gets  Spirit  Message  from 

Hades,  etc 169 

Art  Students,  to  Aid 197 

Art   Students'  Fund,   an 194 

Brinsley,   Henry,  in  "Vanity  Fair" 175 

"Beaux  Arts,"  To  Form    a 199 

Booth,   Edwin,    Letter   of 199 

"BRER  FOX  AND  BRER  RABBIT" 219-228 

Chaloner,  John  Armstrong  Speaks 127 

Chaloner,  Via  Mr 174 

Chaloner  to  Choate,  Letter  of 187 

Chaloner's  Income  Large 229 

Chaloner  Files  Appeal 230 

Chaloner  on  War  Path 133 

Chaloner  on  War  Path 134 

Chaloner  Writes  on  Verdict  in  Thaw  Case 254 

Chanler-Family    Letters,    The 110 

Correspondence  Elicited  by  First  Edition  of  "Hard  Cash"..  137 
Choate,  Jr.,  Joseph  H.  and  T.  Tittlebat  Sherman,  In  re.  ...  201 
Copy    of    Letter    Addressed    to    Members    of    Press,    Washing 
ton,  D.  C 165 

Chronicle,  San  Francisco, — "A  New  Vision  of  Hell" 173 

DAVID-UP-TO-DATE 298-300 

Decision  of  Judges  Lacombe,   Coxe   and   Noyes,    162   Federal 

Reports,  19   287-290 

Frontispiece    Opposite  Title  Page 

Frontispiece,   Note   to 185 

Four  Years  Behind  the  Bars  of  Bloomingdale 103 

Four  Years  in  Bloomingdale   117 

Hell 173 

Hell,  The  Call  of 164 

Hell,  Message  from    173 

Hell,   New    Vision  of    173 

Hendrick's,  Mr.  Justice,  Statement  in  the  Thaw  Case  and  Opin 
ion  Based  Thereon 254 

History  of  English    Prosody,  A 61 

HAZARD  OF  THE  DIE,  THE 1-58 


302 

Hazard  Of  The  Die,  Prologue  to    2 

Hazard  Of  The  Die,  Epilogue  to 59 

Hudson,  Thomson  Jay,  Statement  of 159 

Herald,  New  York, — "For  Benefit  American  Art" 193 

Herald,  Washington, — "Author  of  "Who's  Looney  Now  Gets 

Spirit   Message"    169 

ISIS   UNVEELED    229-237 

Jastrow,  Prof.  Joseph,  Statement  of 152 

James,  Prof.  William,  Statement  of 157 

Journal,    Richmond    Evening, — "Hell"    173 

News-Leader,    Richmond, — Note    to    Frontispiece 185 

News   and    Observer,    Raleigh, — "Four    Years    in    Blooming- 
dale"    V 117 

NEWSPAPER  REVIEWS    231-286 

Prologue I-VI 

PRISON   HOUSE,   THE    137-147 

Press  Statement 108 

PARIS  PRIZE,   IN  RE,  THE    207-218 

Preface  to  "Hard  Cash"   137 

Passing  Show,   The 174 

ROBBERY    UNDER    LAW    or    THE    BATTLE    OP    THE    MIL 
LIONAIRES 1-97 

Robbery  Under  Law,  Inset  to   vi 

Robbery  Under  Law,  Epilogue  to 98 

Roanoke  News,  Weldon  N.  C. — "Chaloner  on  War  Path".  .  .        133 

"SHAVING  OF  SHAGPAT,"  THE 187-206 

Scholarship,  Benefit  American  Art 193 

Scorpio    177 

Saltus,  Edgar,  in  "Vanity  Fair" 175 

Stop  Thief,  Give  Me  My  Million 122 

State,  New  Orleans, — "The  Passing  Show" 174 

Summons  and  Complaint,  In  re  Paris  Prize 207 

Shakespeare  and  Blank  Verse 61 

Shakespeare's  Predecessors  in  English  Drama 69 

"THE    PLAY'S   THE   THING"    179-184 

TEMPLE  OF  APOLLO  AND  THE  MUSES,  THE 61-81 

Telegraph,  New  York, — Satan   Is  A  Gentleman" 175 

Times-Dispatch,      Richmond,— "John     Armstrong     Chaloner 

Speaks"     127 

Tribune,    New    York, — Editorial    197 

Tribune,   Chicago, — "Via    Mr.   Chaloner" 174 

Virginian,    Richmond, — "The   Call    of   Hell" 164 

Who's   Pantaloony    Now? 296-297 

What  The  Law   Reviews  Have  to   Say  About   "The  Lunacy 

Law  of  the  World"  291-294 

World,  New  York, — "Stop  Thief,  Give  Me  'My  Million" 122 

Wood,  Dr.  Horatio  Curtis,  Statement  of 148 


303 


ALIGNMENT  OK  CONTENTS 


Frontispiece Opposite  Title  Page. 

Prologue    1-VI 

Inset  To  "Robbery  Under  Law." VI 

ROBBERY    UNDER    LAW    or    THE    BATTLE    OP    THE    MIL 
LIONAIRES 1-97 

Epilogue  To  "Robbery  Under  Law." : 98 

THE  HAZARD  OP  THE  DIE 1-58 

Prologue  To  The  Hazard  Of  The  Die 2 

Epilogue  To  The  Hazard  Of  The  Die 59 

THE  TEMPLE  OP  APOLLO  AND  THE  MUSES 61-81 

"Shakespeare  and  Blank  Verse."    61 

"Shakspere's  Predecessors  In  The  English  Drama." 69 

ALI  BABA  AND  THE  FORTY  THIEVES 82-136 

"Four  Years  Behind  The  Bars  of  Bloomingdale." 103 

Press  Statement 108 

The  Chanler-Family  Letters 110 

"Four  Years  In  Bloomingdale" — The  News  and  Observer,  Raleigh, 

North  Carolina,  October  18,  1906 117 

Stop  Thief!  Give  Me  My  Million!—  The  World,  New  York,  Novem 
ber  11,  1906   122 

John    Armstrong   Chaloner    Speaks. — The    Times-Dispatch,    Rich 
mond,  Virginia,  October  17,  1906 127 

Chaloner  On  The  War  Path. — The  Roanoke  News,  Weldon,  North 

Carolina,   October  18,  1906 133 

Chaloner  On  The  War  Path. — News-Leader,  Richmond,   Virginia, 

October  15,  1906 134 

THE  PRISON  HOUSE 137-147 

ALADDIN  AND  HIS  WONDERFUL  LAMP 148-178 

Statement  By  Dr.  Horatio  Curtis  Wood 148 

Statement  By  Professor  Joseph  Jastrow 152 

Statement   Of   Professor   William  James; 157 

Statement  Of  Thomson  Jay  Hudson 159 

The  Call  Of  Hell. — Richmond  Virginian,  August  12,  1912 164 

Copy  of  Letter  Addressed  To  A  Score  Or  So  Of  The  Members  Of 

The  Press  Of  Washington,  D.  C 165 

Author  Of  "Who's  Looney  Now?"  Gets  Spirit  Message  From  Hades 
From  Friend  Who   Says   He    Is  There. — Washington  Herald, 

August  5,  1912  169 

Hell.— Richmond  News-Leader,  October  28,  1912 173 

A  Message  From  Hell. — Richmond  Times-Dispatch,  October  30,  1912.  173 
A  New  Vision  Of  Hell. — San  Francisco  Chronicle,  August  6,  1912..  173 


304 

Via  Mr.  Chaloner. — Chicago  (111.)  Tribune,  August  6,  1912 174 

The  Passing  Show. — New  Orleans  (La.)  States,  August  8,  1912 174 

In  re   Hell.— New  York    Tribune,   August   6,   1912 175 

In  re  Hell.— New  York  Telegraph  August  6,  1912 175 

Edgar  Saltus  In  "Vanity  Fair,"  New  York,  January,  1914 175 

Henry  Brinsley  in  "Vanity  Fair,"  New  York,  January,  1914 175 

Scorpio  (Sonnets) — The  Academy,  London,  August  8,  1908 177-178 

"THE  PLAY'S  THE  THING." 179-186 

Note    To    Frontispiece — The    News-Leader,    Richmond,    Virginia, 

October  5,  1911 185 

"THE  SHAVING  OP  SHAGPAT." 187-206 

Letter  of  Chaloner  to  Choate 187 

"For  the  Benefit  Of  American  Art."  New  York  Herald,  January  26, 

1891 192 

An  Art  Students  Fund. — New  York  World,  January  26,  1891 194 

To  Aid  Art  Students. — New  York  Tribune,  January  26,  1891 197 

Editorial — New  York  Tribune,  January  29,  1891 197 

To  Form  A  "Beaux  Arts" — New  York  World,  January  29,  1891.  . . .   199 

Letter  From  Edwin   Booth  To  John  Armstrong  Chaloner 199 

In  re  Joseph  H.  Choate,  Jr.,  and  T.  Tittlebat  Sherman 201 

IN  RE  THE  PARIS  PRIZE 207-218 

Summons  and  Complaint — In  re  Paris  Prize 207 

"BRER  POX  AND  BRER  RABBIT." 219-228 

ISIS  UNVEILED , 229-230 

Chaloner    Income    Large — Richmond    Times-Dispatch,    Richmond, 

Va.,  February  1,  1915 229 

Isis  Unveiled 229 

Chaloner  Files  Appeal. — Richmond  Times-Dispatch,  May  1,  1915..  230 

NEWSPAPER  REVIEWS    231-286 

Chaloner  Writes  on  Verdict  in  Thaw  Case 254 

Hendrick's,  Mr.  Justice,  Statement  in  the  Thaw  Case  and  Opinion 

Based  Thereon  254 

Decision  of  Judges  Lacombe,   Coxe  and   Noyes,    162   Federal  Re 
ports,    19    287-290 

What  the  Law  Reviews  Have  to  Say  about  "The  Lunacy  Law  of 

the  World"    291-294 

Who's  Pantaloony    Now? 296-297 

DAVID-UP-TO-DATE     .  ..298-300 


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